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Articles 31 - 53 of 53
Full-Text Articles in Legal Studies
A Systems Approach To Error Reduction In Criminal Justice, John Hollway
A Systems Approach To Error Reduction In Criminal Justice, John Hollway
All Faculty Scholarship
The “systems approach” has been used, improved, and refined over time to improve safety and reduce errors in a variety of complex, high-risk industries, including health care, aviation, and manufacturing, among others. Such an approach targets the system for improvement rather than specific individuals within the system, and seeks to provide an environment that maximizes each participant’s ability to act safely and in a way that achieves the goals of the system. It prizes a non-punitive culture of disclosure to identify errors, gathers and applies data to understand the causes of the error, and tests systems changes to prevent future …
Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried
Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried
Criminal Justice Faculty Publications
Sheriff’s offices are an integral component of the public health emergency preparedness and response system in the United States. During a public health emergency or disaster, sheriff’s offices need to communicate with people affected by the event. Sheriff’s office websites are logical sources for information about disaster preparedness and response efforts. No prior research evaluates emergency preparedness and response resources available through sheriff’s office websites. The current research is a national study of sheriff’s office websites to assess the availability of information relating to emergency preparedness and response. A content analysis of 2,590 sheriff’s office website homepages was conducted to …
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell
Center on Children, Families, and the Law: Faculty Publications
This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.
Issues Related To Wisconsin "Failure To Pay Forfeitures" Driver's License Suspensions, John Pawasarat, Lois M. Quinn
Issues Related To Wisconsin "Failure To Pay Forfeitures" Driver's License Suspensions, John Pawasarat, Lois M. Quinn
ETI Publications
This paper examines the compounding problems resulting from court-ordered removal of driving privileges for low-income residents in Milwaukee County and Wisconsin as a “tool” for spurring payments of municipal fines, forfeitures and fees (including charges for violations unrelated to dangerous driving). The analysis is based on data from the Wisconsin Department of Transportation Division of Motor Vehicles, the Milwaukee County Sheriff’s Office, and Branch A of the Milwaukee Municipal Court (i.e., handling municipal cases incarcerated in county jail). Police and court actions taken in Ferguson, Missouri, brought national attention to one suburban municipality’s routine use of traffic stops, arrest warrants, …
State Imprisonment Of Milwaukee County Women: 1990-2012, John Pawasarat, Lois M. Quinn
State Imprisonment Of Milwaukee County Women: 1990-2012, John Pawasarat, Lois M. Quinn
ETI Publications
This research study by the Employment and Training Institute provides data on the 4,300 Milwaukee County women who were incarcerated in adult state correctional facilities from January 1990 to January 2012 using the Wisconsin Department of Corrections public inmate data files. Two-thirds of the women were African Americans. whose incarceration numbers spiked in 2003 during the height of the “war on drugs” enforcement years. The heaviest concentrations of imprisoned women were from the poorest neighborhoods on Milwaukee’s near north side and near south side.
Statewide Imprisonment Of Black Men In Wisconsin, Lois M. Quinn, John Pawasarat
Statewide Imprisonment Of Black Men In Wisconsin, Lois M. Quinn, John Pawasarat
ETI Publications
This report provides data on African American male incarceration for the state onf Wisconsin at the request of the NAACP Wisconsin Conference of Branches. For most ex-offenders, prison records remain public and impediments to employment for the rest of their lives. Consequently, unlike studies reporting point-in-time levels of incarceration or average daily inmate populations, this report identified the total populations of African American men who had been incarcerated in adult state correctional facilities from 1990 to 2012 using Wisconsin Department of Corrections public inmate records. State DOC records showed incarceration rates for African American men at epidemic levels throughout Wisconsin. …
Wisconsin's Mass Incarceration Of African American Males, Summary, John Pawasarat, Lois M. Quinn
Wisconsin's Mass Incarceration Of African American Males, Summary, John Pawasarat, Lois M. Quinn
ETI Publications
This two-page paper provides a summarizes the Employment and Training Institute research on mass incarceration of African American males in Wisconsin, the state’s ranking as having the highest percentage of black males in state prison and local jails (according to the 2010 U.S. Census data), and costs of incarceration.
Wisconsin's Mass Incarceration Of African American Males: A Powerpoint Summary, Lois M. Quinn
Wisconsin's Mass Incarceration Of African American Males: A Powerpoint Summary, Lois M. Quinn
ETI Publications
The Employment and Training Institute analysis of Wisconsin Department of Corrections public inmate files showed incarceration rates for African American men at unprecedented levels in Wisconsin. This presentation summarizes ETI research on prison rates in Milwaukee and Wisconsin and offers recommendations for addressing workforce needs of ex-offenders.
Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy
Commercial Sexual Exploitation Of Teens, Tamieka Meadows, Alexis Kennedy
McNair Poster Presentations
This research explores whether commercially sexually exploited children (CSEC) abuse drugs or face greater histories of abuse than their delinquent peers. This research will evaluate whether girls who are CSEC victims experience more abuse of drugs or experience more physical, emotional, or sexual abuse. The study also explores whether CSEC victims witnessed more abuse than non-CSEC victims. A survey of needs and issues facing delinquent girls was given to 130 girls between the ages of 13 to 18. Questions asked about their drug use, abuse history, and whether they witnessed abuse. This research found that many girls who are CSEC …
Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna
Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna
Criminal Justice Faculty Publications
Police sexual misconduct is often considered a hidden crime that routinely goes unreported. The current study provides an empirical data on cases of sex-related police crime at law enforcement agencies across the United States. The study identifies and describes incidents where sworn law enforcement officers were arrested for one or more sex-related crimes through a quantitative content analysis of published newspaper articles and court records. The primary news information source was the Google News search engine using 48 automated Google Alerts. Data are analyzed on 548 arrest cases in the years 2005-2007 of 398 officers employed by 328 nonfederal law …
Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling
Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling
Center for Public Service Publications and Reports
In July 2014, the Center for Public Service (CPS) at Portland State University undertook a project commissioned by the Clackamas County District Attorney’s Office to conduct a preliminary analysis of data related to Oregon’s juvenile justice system. The statistical analysis focused on identifying possible correlations between indicators of juvenile justice interventions and public safety outcomes within Oregon counties. Results indicated a handful of significant correlations. Generally, across counties and variables, higher levels of intervention correlated significantly with higher levels of public safety outcomes and higher levels of non-intervention correlated significantly with lower levels of public safety outcomes. Within both the …
Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan
Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan
McNair Poster Presentations
Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …
Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal
Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal
University of Nebraska Public Policy Center: Publications
The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology’s historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and …
Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun
Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun
Department of Psychology: Faculty Publications
Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …
Contraceptive Sabotage, Leah A. Plunkett
Contraceptive Sabotage, Leah A. Plunkett
Law Faculty Scholarship
This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …
Commentary: Reflections On Remorse, Stephen J. Morse
Commentary: Reflections On Remorse, Stephen J. Morse
All Faculty Scholarship
This commentary on Zhong et al. begins by addressing the definition of remorse. It then primarily focuses on the relation between remorse and various justifications for punishment commonly accepted in Anglo-American jurisprudence and suggests that remorse cannot be used in a principled way in sentencing. It examines whether forensic psychiatrists have special expertise in evaluating remorse and concludes that they do not. The final section is a pessimistic meditation on sentencing disparities, which is a striking finding of Zhong et al.
The Effects Of Revictimization On Coping And Depression In Women Sexual Assault Victims, Cynthia J. Najdowski, Sarah E. Ullman
The Effects Of Revictimization On Coping And Depression In Women Sexual Assault Victims, Cynthia J. Najdowski, Sarah E. Ullman
Psychology Faculty Scholarship
On two mail surveys completed 1 year apart, 555 women reported their experiences of sexual assault, the strategies they used to cope with those experiences, and feelings of depression. Path analyses controlling for baseline coping and depression revealed that victims who were revictimized during the study reported using more maladaptive and adaptive coping strategies than did victims who were not revictimized. Further, women who were revictimized reported more depression than others. This effect was explained in part by revictimized women’s increased maladaptive coping. Implications for understanding coping and recovery in women who experience multiple sexual assaults in adulthood are discussed.
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
All Faculty Scholarship
This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness …
Forfeiture Of Illegal Gains, Attempts And Implied Risk Preferences, Jonathan Klick, Murat C. Mungan
Forfeiture Of Illegal Gains, Attempts And Implied Risk Preferences, Jonathan Klick, Murat C. Mungan
All Faculty Scholarship
In the law enforcement literature there is a presumption—supported by some experimental and econometric evidence—that criminals are more responsive to increases in the certainty than the severity of punishment. Under a general set of assumptions, this implies that criminals are risk seeking. We show that this implication is no longer valid when forfeiture of illegal gains and the possibility of unsuccessful attempts are considered. Therefore, when drawing inferences concerning offenders’ attitudes toward risk based on their responses to various punishment schemes, special attention must be paid to whether and to what extent offenders’ illegal gains can be forfeited and whether …
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
Gideon And The Effective Assistance Of Counsel: The Rhetoric And The Reality, David Rudovsky
All Faculty Scholarship
There is general agreement that the “promise” of Gideon has been systematically denied to large numbers of criminal defendants. In some cases, no counsel is provided; in many others, excessive caseloads and lack of resources prevent appointed counsel from providing effective assistance. Public defenders are forced to violate their ethical obligations by excessive case assignments that make it impossible for them to practice law in accordance with professional standards, to say nothing of Sixth Amendment commands. This worsening situation is caused by the failure of governmental bodies to properly fund indigent defense services and by the refusal of courts to …
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Articles
This Essay employs a variation of the “interest convergence” concept to examine the competing interests at stake in downsizing imprisonment in the United States. In the last few decades, the country has become the world leader in both incarceration rates and number of inmates. Reversing these trends is a common goal of multiple parties, who advocate prison reform under different rationales. Some advocate less imprisonment as a means of tempering the disparate effects of imprisonment on individual offenders and the communities to which they return. Others support downsizing based on conservative values that favor reduced government size, spending, and interference …
Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Spearit, Mary Gould
Twenty Years After The Education Apocalypse: The Ongoing Fall Out From The 1994 Omnibus Crime Bill, Spearit, Mary Gould
Articles
This essay is an introduction to the 2013 National Conference on Higher Education in Prison, organized by the Saint Louis University Prison Program. It is a primer on the current state of higher education in prison, which provides a social-legal framework for the conference and the symposium essays that follow. Beginning with the recent history of the exponential growth of incarceration in the past four decades, it charts the unprecedented reliance on incarceration that, at present, distinguishes the country as a world-class punisher. It was in the middle of this shift that the 1994 Omnibus Crime Bill was born, which …