Open Access. Powered by Scholars. Published by Universities.®

Psychology Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Legal Studies

Institution
Keyword
Publication
Publication Type

Articles 1 - 29 of 29

Full-Text Articles in Psychology

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …


Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse Oct 2011

Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse

All Faculty Scholarship

This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use …


Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …


Examining The Effect Of Childhood Animal Cruelty Motives On Recurrent Adult Violent Crimes Toward Humans, Joshua C. Overton Aug 2011

Examining The Effect Of Childhood Animal Cruelty Motives On Recurrent Adult Violent Crimes Toward Humans, Joshua C. Overton

Masters Theses and Doctoral Dissertations

Few researchers have studied the predictive ability of childhood animal cruelty motives as they are associated with later recurrent violence toward humans. Based on a sample of 180 inmates at one medium- and one maximum-security prison in a Southern state, the present study examines the relationship among several retrospectively identified motives (fun, out of anger, hate for the animal, and imitation) for childhood animal cruelty and the later commission of violent crimes (murder, rape, assault, and robbery) against humans. Almost two-thirds of the inmates reported engaging in childhood animal cruelty for fun, whereas almost one-fourth reported being motivated either out …


Driving Forces: Police Fatalities, Carol Servino Apr 2011

Driving Forces: Police Fatalities, Carol Servino

Graduate Research Symposium (GCUA) (2010 - 2017)

Law enforcement is an inherently risky occupation. The number of traffic-related fatalities for law enforcement officers in the U.S. during the past 13 years has been increasing; however, the number of fatalities for the general population in motor vehicle traffic incidents declined during the same time period.

The federal government reports that federal motor vehicle safety standards aswell as behavioral and vehicle safety programs implemented by state and local law-enforcement agencies contributed to the downward trend for the general public.

What accounts for the pattern and problem with police driving-related deaths?


Clark County Mental Health Court: An Outcomes-Based Evaluation Model Of Residential And Treatment Programs Beyond Recidivism, Mark J. Nichols Apr 2011

Clark County Mental Health Court: An Outcomes-Based Evaluation Model Of Residential And Treatment Programs Beyond Recidivism, Mark J. Nichols

Graduate Research Symposium (GCUA) (2010 - 2017)

The number of America’s mental health courts has grown significantly over the course of the past 15 years. Mental health courts can be seen as a form of therapeutic jurisprudence where the court implements therapeutic interventions, case management and treatment (Palermo, 2010). A mental health court was established in Clark County during 2003. Its mission is to promote engagement in treatment, improve quality of life, decrease recidivism, and increase community safety and awareness (Glass, 2008).


The focus of the evaluation of the Clark County Mental Health Court, limited to performance measures related to the decreased recidivism by its clients and …


The Effects Of Revictimization On Coping And Depression In Female Sexual Assault Victims, Cynthia J. Najdowski, Sarah E. Ullman Apr 2011

The Effects Of Revictimization On Coping And Depression In Female Sexual Assault Victims, Cynthia J. Najdowski, Sarah E. Ullman

Psychology Faculty Scholarship

To examine the effects of being revictimized, 555 women completed 2 mail surveys 1 year apart, reporting 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 those who were revictimized during the study reported using more maladaptive and adaptive coping strategies than did those who were not revictimized (β = .11 and β = .16, respectively). Further, women who were revictimized reported more depression than others (β = .15). This effect was explained in part by revictimized women's increased maladaptive coping. …


"Learning" Research And Legal Education: A Brief Overview And Selected Bibliographical Survey, Donald J. Kochan Mar 2011

"Learning" Research And Legal Education: A Brief Overview And Selected Bibliographical Survey, Donald J. Kochan

Donald J. Kochan

At its core, education is about learning. Every educator, legal or otherwise, must at the same time be both a teacher and a student in the learning enterprise. Luckily, there is a wide literature to help us in these roles and it is growing every day. It should be a goal of every legal educator to appreciate this area of scholarship, understand its breadth and importance, and engage with it in our teaching and writing. This research overview aims to aid the legal educator seeking to learn about learning and access tools for self-improvement. It also provides some preliminary assistance …


The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain Jan 2011

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain

Criminal Justice Faculty Publications

In the 1920’s, Charles Ponzi engaged in a notorious money making scheme. This scheme had been tried before but no one prior to Charles Ponzi had managed to swindle millions of dollars out of unsuspecting people. Thus, the scheme bears his name. In December 2008, Bernard Madoff, a major Ponzi schemer, was exposed. He managed to con investors out of over $65 billion over a thirty year period. Madoff was a highly respected financial expert. The investors were mostly well educated and supposedly financially savvy. How did this happen? This paper will examine some theories which may help explain both …


The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski Jan 2011

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …


Comparing True And False Confessions Among Persons With Serious Mental Illness, Allison D. Redlich, Richard Kulish, Henry J. Steadman Jan 2011

Comparing True And False Confessions Among Persons With Serious Mental Illness, Allison D. Redlich, Richard Kulish, Henry J. Steadman

Allison D Redlich

No abstract provided.


Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd Jan 2011

Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd

Reid G. Fontaine

Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that …


School-Based Juvenile Probation And Police Partnerships For Truancy Reduction, Leanne F. Alarid, Barbara A. Sims, James Ruiz Jan 2011

School-Based Juvenile Probation And Police Partnerships For Truancy Reduction, Leanne F. Alarid, Barbara A. Sims, James Ruiz

Contemporary Issues in Juvenile Justice

Truancy places students at risk in primary and secondary education and is linked to conduct disorder, drug use, and delinquency. To prevent truancy and reduce risk, school-based proba-tion supervision has emerged within school districts in partnership with local law enforcement officers in an effort to enforce probation conditions for truant youths and prevent future delin-quency. This research uses key information interviews of knowledgeable stakeholders to examine the delivery of school-based probation supervision. Home visits and court hearings were perceived to be effective at reducing truancy and tardiness. This study affirms that strong lead-ership, information sharing, and involvement of parents were …


Self-Determination Theory And Juvenile Delinquency: A Validation Of A Combined Theory For Understanding Youth In Conflict With The Law, Sibley Y. Hawkins, Forrest A. Novy Jan 2011

Self-Determination Theory And Juvenile Delinquency: A Validation Of A Combined Theory For Understanding Youth In Conflict With The Law, Sibley Y. Hawkins, Forrest A. Novy

Contemporary Issues in Juvenile Justice

In this study, we propose an expanded theory of delinquency that integrates social learning, control, and motivationally based explanations of human behavior. We posit that delinquency occurs partly due to attempts to fulfill 3 developmentally necessary psychological needs; auton-omy, competence, and relatedness. Melding elements of 3 theories (Social Control Theory [Hirschi, 1972], General Crime Theory [Gottfredson & Hirschi, 1990], and Self Determination Theory [Deci & Ryan, 1985, 2000a, 2008]), provides a better understanding of the precursors to delinquency and possible approaches to mitigating their impact. The study examines: (a) the extent to which the 3 basic psychological needs (competence, …


Efficacy Of The Jesness Inventory-Revised Conduct Disorder And Oppositional Defiant Disorder Scales, Terry B. Pinsoneault, Frank R. Ezzo Jan 2011

Efficacy Of The Jesness Inventory-Revised Conduct Disorder And Oppositional Defiant Disorder Scales, Terry B. Pinsoneault, Frank R. Ezzo

Contemporary Issues in Juvenile Justice

The authors investigated the Conduct Disorder (JR-CD) and Oppositional Defiant Disorder (JR-ODD) scales developed for the Jesness Inventory-Revised. Participants included 340 youth aged 12 to 18 seen at a juvenile court diagnostic clinic in Cleveland, Ohio. The authors also investigated the previously existing Social Maladjustment (JR-SM) and Asocial Index (JR-ASO) scales. Participants were independently diagnosed as having CD, ODD, Disruptive Behavior Disorder NOS (a milder behavioral disorder), or no diagnosable behavioral disorder. Mean scores varied across the groups in the expected directions for all four scales. JR-CD and JR-ODD were better able to differentiate between their target groups and the …


The Theory Of Cognitive Dissonance: A Reappraisal, Peter A. Metofe Jan 2011

The Theory Of Cognitive Dissonance: A Reappraisal, Peter A. Metofe

Contemporary Issues in Juvenile Justice

The cognitive dissonance theory, as postulated by Festinger (1957), has undergone increased scrutiny since its development. Through a reappraisal of this theory as explicated by other researchers, specifically relying on extant and current research in this theory, coupled with recent developments, this paper provides a context for better understanding of how individuals experience cognitive dissonance and its implications for clinical practice.


Missing And Exploited Children In Jamaica: An Empirical Analysis, Lorna E. Grant Jan 2011

Missing And Exploited Children In Jamaica: An Empirical Analysis, Lorna E. Grant

Contemporary Issues in Juvenile Justice

This paper is an analysis of missing, abused, and exploited children in Jamaica. I examined the responses of advocate groups and the government to determine the steps to take to protect children who are most vulnerable. I collected data through interviews from the Police National Intelligence Bureau, the Office of the Children's Registry, the Office of Children Advocate, literature review, and the printed media (e.g., The Jamaica Gleaner, The Jamaica Observer, and The Jamaica Star).


Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley Jan 2011

Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley

Contemporary Issues in Juvenile Justice

When making placement decisions for juvenile offenders, court officers often consider the types of charges listed against them. We examined the pattern of offenses charged to residents of 7 types of placements in 1 county in Pennsylvania over a period of 2 years. Consistent, predictable patterns were found across placements, with more restrictive placements assigned to juveniles with more severe offenses, although there remained a considerable degree of variation in offenses represented in each placement type. The pattern of placements was different between genders as well, with female offenders being placed in less restrictive care even more often than their …


Studying Rape Through A Theorectical Lens: The Development Of A Serial Rape Model Using Fbi Data, Brooke Smith Jan 2011

Studying Rape Through A Theorectical Lens: The Development Of A Serial Rape Model Using Fbi Data, Brooke Smith

Open Access Theses & Dissertations

The current study assessed whether there is an empirical foundation for different theories of rape including the feminist, evolutionary, social disorganization, psychopathy, and rapist type theories. Using a data set from the Federal Bureau of Investigation (FBI) on serial rapists collected in the early 1990's, the study included two phases. The first phase assessed whether FBI data supported the previously mentioned theories of rape by analyzing associations between individual variables that are thought to support each theory. Support was demonstrated for the evolutionary and psychopathy theories. Using MPlus statistical software to accommodate the multi-level nature of the data, the second …


Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett Jan 2011

Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett

USF Tampa Graduate Theses and Dissertations

The high prevalence of substance use disorders is well-documented among criminal offenders. Drug courts are specialty judicial programs designed to: 1) improve public safety outcomes; 2) reduce criminal recidivism and substance abuse among offenders with substance use disorders; and 3) better utilize scarce criminal justice and treatment resources. Drug courts operate through partnerships between the criminal justice, behavioral health and public health systems. Offenders participate in an intensive regimen of substance abuse treatment and case management while under close judicial supervision. Drug courts' effectiveness in reducing criminal recidivism and drug use has been documented through numerous primary studies as well …


General Strain Theory And Juvenile Delinquency: A Cross-Cultural Study, Wen-Hsu Lin Jan 2011

General Strain Theory And Juvenile Delinquency: A Cross-Cultural Study, Wen-Hsu Lin

USF Tampa Graduate Theses and Dissertations

General strain theory (GST) (Agnew, 1992, 2001, 2006a) is an established criminological theory. Although the theory has been examined by many and enjoys empirical support, some limitations of previous studies need to be addressed. First, previous studies have not incorporated all major types of strain in their models; hence, the effects of these strains on delinquency are unclear. Second, many previous studies did not include negative emotions and even negative emotions other than anger. Finally, and the most serious limitation, many previous studies rely heavily on samples from Western countries, mostly the U.S.; thus, possible cultural influences are ignored. Although …


Prospective Changes In Attributions Of Self-Blame And Social Reactions To Women’S Disclosures Of Adult Sexual Assault, Cynthia J. Najdowski, Sarah E. Ullman Jan 2011

Prospective Changes In Attributions Of Self-Blame And Social Reactions To Women’S Disclosures Of Adult Sexual Assault, Cynthia J. Najdowski, Sarah E. Ullman

Psychology Faculty Scholarship

The present longitudinal study examined relations between self-blame attributions and social reactions to disclosure in a community sample of adult sexual assault victims (N = 555). Cross-lagged panel analyses showed that neither characterological self-blame nor behavioral self-blame related to negative social reactions over the 1-year follow-up period. In contrast, characterological but not behavioral self-blame predicted fewer positive reactions over time. Although positive reactions did not reduce self-blame, negative reactions led to greater characterological, but not behavioral, self-blame during the course of the study. Thus, relations between self-blame and social reactions were not reciprocal but rather quite complex. The effects …


Criminal History And Lsi-R Scores Of Rsat Participants In The State Of Massachusetts: Impact Of Offender Age On Program Completion And Rates Of Offender Recidivism, Jewell E. Hankins Jan 2011

Criminal History And Lsi-R Scores Of Rsat Participants In The State Of Massachusetts: Impact Of Offender Age On Program Completion And Rates Of Offender Recidivism, Jewell E. Hankins

Walden Dissertations and Doctoral Studies

The purpose of this study was to understand how offender age impacted residential substance abuse treatment (RSAT) program success in reducing rates of recidivism for offenders exiting the judicial system. Despite passing legislation in the 1980s and 1990s, which increased the penalties for certain crimes, offender recidivism remains high, with no apparent drop in the number of incarcerations and re-incarcerations, resulting in high costs and threats to the safety and quality of life experienced within communities. Social learning theory, behavioral decision theory, and biologically based theories of behavior were the theoretical foundations. Archival data collected from a RSAT grant program …


Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell Jan 2011

Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell

All Faculty Scholarship

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …


Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse Jan 2011

Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse

All Faculty Scholarship

This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have no …


Vulnerability And Protective Factors For Sexual Assault, Sarah E. Ullman, Cynthia J. Najdowski Jan 2011

Vulnerability And Protective Factors For Sexual Assault, Sarah E. Ullman, Cynthia J. Najdowski

Psychology Faculty Scholarship

Approximately 1 in 5 women experience sexual assaults in adulthood during their lives (see Post, this volume, for review), including experiences of unwanted sexual contact, sexual coercion, attempted rape, and completed rape that result from threat, force, or incapacitation from alcohol or drugs (either willingly or unwillingly consumed).


Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle Jan 2011

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …


The Myth Of The Fully Informed Rational Actor, Stephanos Bibas Jan 2011

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse Jan 2011

Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse

All Faculty Scholarship

This article is a contribution to a symposium issue of the Alabama Civil Rights & Civil Liberties Law Review devoted to whether severe environmental deprivation, sometimes termed rotten social background, should be a defense to crime and why it has not been adopted. I begin by presenting the framework I apply for thinking about such problems. I then identify the main theses Professors Richard Delgado and Andrew Taslitz present and consider their merits. Next, I turn to the arguments of the other papers by Professors Paul Robinson, Erik Luna and Angela Harris. I make two general arguments: first, that SED …