Legal Studies Commons^™

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

An Offer You Cannot Refuse: Understanding The Elusive Construct Of "Voluntary" Plea Decisions, Melanie B. Fessinger

Dissertations, Theses, and Capstone Projects

Defendants often plead guilty in exchange for reduced punishments. Some argue that these reduced punishments are necessary for the functioning of the criminal justice system, whereas others argue that they are inherently coercive because they place a burden on the exercise of constitutional rights. This potential coercion is of concern because the constitution requires valid guilty pleas to be made by defendants voluntarily. However, “voluntary” is an elusive construct of which courts, scholars, and laypeople have differing definitions. Although limited research has focused specifically on perceptions of voluntary pleas, decades of research have shown that individuals generally perceive decisions more …

Blurring The "Bright Line": Examining Age-Related Differences In Jail Incarceration Outcomes Using A Resources-Challenges Model Of Emerging Adulthood, Olive F. Lu

Dissertations, Theses, and Capstone Projects

Jail incarceration represents an early and prevalent point of contact with the criminal legal system. While there is some evidence of age-related differences in jail incarceration outcomes such as rearrest and reconvictions, existing research typically only make comparisons between adults and adolescents. This bifurcation ignores the unique experiences of a third group: emerging adults aged 18 to 25. Evidence from developmental research combined with shifting social and cultural dynamics suggest that 18-25-year-olds, though adults by law, straddle the line between adolescence and adulthood while facing challenges that set them apart.

The current study incorporates a resources-challenges framework of emerging adulthood …

Does Exposure To Interviewer Feedback Bias Observer Perceptions Of The Suspect? A Test Of Two Pathways To A Feedback Effect, Aria Amrom

Dissertations, Theses, and Capstone Projects

Confronting suspects with feedback, such as “We know you are lying, you need to tell us the truth,” during an interrogation is a common tactic used by police. Can this feedback influence the perceptions of factfinders who later observe video recordings of these sessions? Amrom et al. (2020) proposed two pathways through which feedback might affect observers: a direct feedback pathway by which observers infer the suspect’s credibility from the interviewer’s feedback, and an indirect misattribution pathway by which observers infer credibility from the suspect’s feedback-induced change in demeanor. Given the increasing frequency with which interrogations are video recorded for …

Wrongful Conviction Documentaries: Influences Of Crime Media Exposure On Mock Juror Decision-Making, Patricia Y. Sanchez

Dissertations, Theses, and Capstone Projects

Psychology and law researchers have urged colleagues to collaborate with the makers of popular media, such as documentary filmmakers, in efforts to educate the general public about wrongful convictions (Kassin, 2017; Wells et al., 2000). Recently, programs depicting wrongful convictions, such as Making a Murderer (Demos & Ricciardi, 2015) and When They See Us (DuVernay, 2019) have garnered substantial viewership. Research on general and case-specific pretrial publicity (Daftary-Kapur et al., 2014; Kovera, 2002) and the effects of crime media (Baskin & Sommers, 2010; Schweitzer & Saks, 2007) demonstrate that although consuming crime-related media and being exposed to information about a …

Development And Validation Of A Multidimensional Scale For Measuring Public Confidence In The Criminal Justice System, Jimin Pyo

Dissertations, Theses, and Capstone Projects

Two studies were conducted with an aim of developing multidimensional measures of public confidence that are conceptually integrated, psychometrically sound, and useful in predicting individuals’ law related behaviors. Study 1 involves two-phased construction of scale in which a preliminary inventory was generated (Phase 1) and then finalized after evaluating psychometric properties based on 304 US adults recruited through Amazon’s Mechanical Turk (MTurk) (Phase 2). As a result, six multidimensional scales were constructed respectively for measuring efficiency-, finality-, fairness-, strictness-, accuracy-, and transparency-oriented confidence. Despite more complexity of factor structures than originally expected, results of psychometric evaluation six scales of confidence …

Examining The Use Of Hebephilia And Paraphilia Non-Consent In Sexually Violent Predator (Svp) Evaluations, Nicole Graham

Dissertations, Theses, and Capstone Projects

Sexually violent predator (SVP) legislation requires, in part, that an individual has a mental abnormality which causes difficulty in controlling sexual behavior. Previous research has found paraphilia not otherwise specified (NOS) to be one of the most prevalent diagnoses proffered in SVP evaluations. Since these studies, however, the Diagnostic and Statistical Manual (DSM) has updated the paraphilia NOS diagnosis in two ways. First, this diagnosis has been divided into two new diagnoses—other specified paraphilic disorder (OSPD) and unspecified paraphilic disorder. Second, OSPD requires an added specifier to indicate the individual’s source of sexual arousal. To date, no study has systematically …

Inheritances Of Injustice/Transference Of Freedom: An Intimate Project On Black Women's Intergenerational Relationships And The Consequences Of The Punishment System, Whitney Richards-Calathes

Dissertations, Theses, and Capstone Projects

This project centers the multi-generational familial relationships between system-impacted Black women, mapping and uncovering the ways in which incarceration and practices of punishment impact, shape, hurt, and displace Black femme lineages. Through a qualitative lens and a specific focus on the current social and political landscape of Los Angeles, this dissertation examines the ways Black women are impacted by carceral ideology; from punitive definitions of Black womanhood, to the surveillance on Black femme familial intimacy and the rupture of Black women’s sense of home and place. Understandings of mass incarceration are frequently male-centered and most analyses of Black women’s system …

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial system."1 …

The Long-Term Consequences Of Child Abuse And Neglect In Men, Robert A. Beattey Jr.

Dissertations, Theses, and Capstone Projects

Research indicates that the annual incidence of child maltreatment is around 10% and that more than one-quarter of children have, at least indirectly, experienced some form of violence. Prospective studies find that in high-income countries, like the United States, there are moderate correlations between childhood maltreatment and low educational achievement, low skilled employment, depression, suicide attempts, and alcohol problems, as well as strong correlations with obesity, behavior problems in childhood and adolescence, and criminal behavior. Despite the high costs of child abuse and neglect—both direct and indirect—and decades of research and public health, justice, and social service investment in prevention …

Criminal Responsibility: Meta-Analysis And Study Space, Lauren E. Kois

Dissertations, Theses, and Capstone Projects

Criminal responsibility (CR; i.e., sanity) has garnered significant research attention over the years. While some variables predicting insanity outcomes are consistent, others are not. Study-level characteristics, such as sample selection, variability in the operational definition of insanity, or other unknown influences may explain discrepant findings. It is critical to consolidate these variables and systematically assess differences in methodology to understand the state of the literature and to guide future research. As such, I conducted the first meta-analysis and study space analysis (see Malpass et al., 2008) in this area. Only 16 studies met inclusion criteria for the meta-analysis. Summary effects …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

Traumatic Stress, World Assumptions, And Law Enforcement Officers, Douglas William Green

Dissertations, Theses, and Capstone Projects

The present study examined the presence of traumatic stress reaction symptoms among active law enforcement officers, and the relationship between potentially traumatic work related experiences, officers’ cognitive views of the world, and the expression of those symptoms. The range of police roles and responsibilities arguably subjects officers to a greater variety of potentially traumatizing experiences than any other population, and the literature reflects that police officers express traumatic stress related symptoms at a greater rate than the general population. This study differs from previous work in that it utilizes snowball sampling to anonymously identify officers willing to participate without involving …

The Effect Of Cognitive Load On Liars And Truth Tellers: Exploring The Moderating Impact Of Working Memory Capacity, Sarah Jordan

Dissertations, Theses, and Capstone Projects

Two studies are presented. The purpose of the first study is to examine the moderating impact of working memory capacity (WMC) on the cognitive load produced by both the type of statement a person is making and the manner in which the person is interviewed in a mock crime scenario. The moderating impact of suspects’ WMC (measured using the automated operation span task) on this process was also assessed. Suspects were instructed to tell the truth, a relatively easy lie, or a more difficult lie. Suspects were then interviewed in a relatively easy manner, a moderately more difficult manner, or …

A Long-Term Follow-Up Of Crossover Youth: Young Adult Outcomes For Maltreated Youth In The Juvenile Justice System, Carly Lyn Baetz

Dissertations, Theses, and Capstone Projects

Crossover youth, those with histories of childhood maltreatment and delinquency, may be at high risk for negative outcomes compared to other youth. However, very little is known about the long-term outcomes for this population. This dissertation compared four groups: youth with histories of child maltreatment and juvenile arrest (n = 180), youth with a history of maltreatment only (n = 428), youth with a history of juvenile arrest only (n = 91), and youth with no history of maltreatment or juvenile arrest (n = 496), on a range of outcomes, including mental health, education, employment, and criminal behavior. Data from …

Assumptions Underlying Behavioral Linkage Revisited: A Multidimensional Approach To Ascertaining Individual Differentiation And Consistency In Serial Rape, Marina Sorochinski

Dissertations, Theses, and Capstone Projects

While investigative use of behavioral evidence to help link and solve serial offenses has been in use for centuries, the empirical and theoretical grounds for whether and how to use this evidence effectively has begun to emerge only in recent years. In order for behavioral crime linking to be validated, two base assumptions must be met: individual differentiation (i.e., that offenses committed by one offender will be distinctly different from those committed by another offender) and consistency (i.e., that a degree of similarity will be apparent across crimes committed by the same offender). The present study empirically tested (a) the …

Psychosocial Sequelae Of Homicide Among Murder Victims' Family Members: An Appraisal Of Depression, Grief, And Posttraumatic Stress, Sarah Kopelovich

Dissertations, Theses, and Capstone Projects

The current investigation explored what is known regarding the psychological sequelae of the post-homicide experience for murder victims' family members and friends (MVFM). Participants were also asked about whether they felt they had attained closure, a term which populates anecdotal and theoretical accounts of MVFM's experience. Previous literature guided a theoretical definition of closure as a dimensional construct that represents adaptive functioning following a murder, and includes (1) absence of disabling symptomatology, (2) absence of ruminations about the event or murder victim, and (3) subjective return to baseline functioning. This quasi-experiment consisted of a between-subjects cross-sectional design. The dependent variable …

Risk Assessment Of Sexually Abusive Clergy: Utility Of Sex Offender Risk Instruments With A Unique Offender Subgroup, Anthony Perillo

Dissertations, Theses, and Capstone Projects

Sex offender risk instruments provide empirically based outlooks on recidivism risk and often serve as a critical part of sex offender management. If applied to unrepresented offender groups, these instruments may offer inaccurate pictures of risk and hinder efforts to reduce sexual violence. With little research available on sexually abusive clergy prior to the abuse scandal of the early 2000s, sexually abusive clergy are one group not represented in the research used to develop risk measures. An understanding of the validity of current risk assessment practices with sexually abusive clergy is critical and timely, as changes to the handling of …

An Equine-Facilitated Prison-Based Program: Human-Horse Relations And Effects On Inmate Emotions And Behaviors, Keren Bachi

Dissertations, Theses, and Capstone Projects

Policy makers and correctional authorities are seeking ways to enhance effectiveness of incarceration and reduce recidivism. Equine-facilitated prison-based vocational programs aim to rehabilitate inmates. Informed by the theories of attachment and desistance, this study evaluates the emotional and behavioral effects of such an intervention utilizing a quasi-experimental methodological triangulation design.

Recidivism and disciplinary misconduct are examined by clinical data-mining of institutional records. Propensity Score Matching, binary and multinomial logistic regressions are applied in a discrete-time event history analysis. Semi-structured interviews revealing the subjective experiences of participants are analyzed via the Listening Guide methodology. Quantitative questionnaires, exploring attachment and closeness to …