Criminology Commons^™

Can Financial Incentives Reduce Juvenile Confinement Levels? An Evaluation Of The Redeploy Illinois Program, Gaylene Armstrong, Todd A. Armstrong, Vince J. Webb, Cassandra A. Atkin-Plunk

Criminology and Criminal Justice Faculty Publications

Purpose

Assessments of ongoing fiscal restructuring of juvenile justice system processes and the impact such restructuring has on juvenile incarceration rates are limited. When impacts of fiscal restructuring efforts have been assessed, researchers have focused on systemic, macro level changes in incarceration rates but avoided more focused, micro level impacts. This study fills this knowledge gap by examining the recent implementation of the Redeploy Illinois program in two pilot sites. In the Redeploy Illinois program, financial incentives were provided to select counties to develop community based alternatives to incarceration. The goal was to alleviate over reliance on state funded residential …

Recidivism Risk Assessment For Aboriginal Males: A Brief Review Of The Scientific Literature, Andrew J.R. Harris, Collette Cousineau, Caroline A. Pagé, Paul Sonnichsen, Steven Varrette

Aboriginal Policy Research Consortium International (APRCi)

No level of violent recidivism is acceptable to Correctional Service of Canada staff or the Canadian public. Among other tools, CSC staff use counselling, supervision, education, and treatment programs to ensure the safe community reintegration of eligible offenders. The core method of determining risk for recidivism is an actuarially-based risk assessment instrument. The general process of contemporary risk assessment is outlined in this paper revealing a number of efficient and effective measures suitable for all male offender populations. Theory and research are reviewed showing that established risk prediction factors such as age, criminal history, anti-social peers, anti-social attitudes, and substance …

Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson

All Faculty Scholarship

In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.

Report On Offense Grading In New Jersey, Paul H. Robinson, Rebecca Levenson, Nicholas Feltham, Andrew Sperl, Kristen-Elise Brooks, Agatha Koprowski, Jessica Peake, Benjamin Probber, Brian Trainor

All Faculty Scholarship

The University of Pennsylvania Criminal Law Research Group was commissioned to do a study of offense grading in New Jersey. After an examination of New Jersey criminal law and a survey of New Jersey residents, the CLRG issued this Final Report. (For the report of a similar project for Pennsylvania, see Report on Offense Grading in Pennsylvania, http://ssrn.com/abstract=1527149, and for an article about the grading project, see The Modern Irrationalities of American Criminal Codes: An Empirical Study of Offense Grading, http://ssrn.com/abstract=1539083, Journal of Criminal Law and Criminology (forthcoming 2011).) The New Jersey study found serious conflicts between the relative grading …

Examining Gps Monitoring Alerts Triggered By Sex Offenders: The Divergence Of Legislative Goals And Practical Application In Community Corrections, Gaylene Armstrong, Beth C. Freeman

Criminology and Criminal Justice Faculty Publications

Purpose

Legislative mandates that require GPS monitoring of offenders add to the existing logistical complexities of community supervision. Challenges in implementing GPS policies and practices are heightened by the lack of sound empirical research. Studies examining the relationships between GPS monitoring of sex offenders in the community and the legislative goals of public safety, deterrence, and cost effectiveness are virtually nonexistent. To begin to address this gap in the literature, this study examines the impact of a statutorily-based GPS monitoring program for adult sex offenders convicted of dangerous crimes against children and placed under community supervision.

Method

Official offender generated …

Strategic Plan For Aboriginal Corrections, Correctional Service Canada

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Practical Ways To Reduce Online & In-School Bullying, Elizabeth Englander

MARC Publications

The Massachusetts Aggression Reduction Center (MARC) is an academic Center at Bridgewater State University in Massachusetts. By running a training program for graduate and undergraduate students in higher education, MARC offers free research, programs and services to K-12 schools in Massachusetts. Everyone benefits: future educators receive unique field training, and K-12 schools receive high-quality, no-cost programs and services. One important characteristic of MARC’s mission is to transmute significant research findings into concrete, useable information for K-12 teachers in the field. The sheer amount of information available today about bullying and cyberbullying can make any educator’s head spin. But despite the …

Strategies To Disrupt Online Child Pornography Networks, Kila Joffres, Martin Bouchard, Richard Frank, Bryce Westlake

Faculty Publications

This paper seeks to determine which attack strategies (hub, bridge, or fragmentation) are most effective at disrupting two online child pornography networks in terms of outcome measures that include density, clustering, compactness, and average path length. For this purpose, two networks were extracted using a web-crawler that recursively follows child exploitation sites. It was found that different attack strategies were warranted depending on the outcome measure and the network structure. Overall, hub attacks were most effective at reducing network density and clustering, whereas fragmentation attacks were most effective at reducing the network's distance-based cohesion and average path length. In certain …

Exploiting Borders: The Political Economy Of Local Backlash Against Undocumented Immigrants, Jamie Longazel, Benjamin Fleury-Steiner

Sociology, Anthropology, and Social Work Faculty Publications

Four years prior to Arizona's passage of one of the most far-reaching pieces of anti-Latino immigrant legislation signed into law in decades,3 demands to "seal off the border"4 were being made thousands of miles from the U.S.-Mexico divide. In 2006, Hazleton, Pennsylvania, passed equally harsh legislation aimed at keeping undocumented immigrants out of their community. During this time, commentators described the local backlash in Hazleton and other small cities across the United States as akin to "the opening of a deep and profound fissure in the American landscape" 5 wherein "all immigration politics is local." 6 Yet, as the so-called …

Marc Handful O' Statistics, Elizabeth K. Englander

MARC Research Reports

These statistics were gleaned from two 2010-­‐2011 studies through the Massachusetts Aggression Reduction Center at Bridgewater State University in Bridgewater, Massachusetts.

• In-depth survey of 617 college freshman
• Survey of 21,000 children in grades 3-12 in a variety of communities across Massachusetts.

Research Findings: Marc 2011 Survey Grades 3-12, Elizabeth K. Englander

MARC Research Reports

Self-report survey of 20,766 children in grades 3-12 in Massachusetts

Marc Freshman Study 2011: Bullying, Cyberbullying, Risk Factors And Reporting, Elizabeth K. Englander

MARC Research Reports

The Sample:

• 617 College freshman, studied over a 6 month period in 2010-­‐2011
• Predominately white
• Predominately 18–19 years old
• Parents tend to be high working class, low middle class, or middle class

Studied for: rates of behavior; risk factors & their relationship to bullying and cyberbullying; and many other social, family, and school factors

Review Of Indigenous Offender Health [Journal Article], Jocelyn Grace, Ineke Krom, Caitlin Maling, Tony Butler, Richard Midford

Research outputs 2011

This review provides an overview of health issues facing the Indigenous offender population, including some of the social and historical factors relevant to Indigenous health and incarceration. In doing so, it is important to first understand how Indigenous people conceptualise health. Health as it is understood in western society is a fairly discrete category, which differs from the traditional Indigenous perspective of health as holistic [1]. This is made explicit in the 1989 National Aboriginal health strategy that states 'health to Aboriginal peoples is a matter of determining all aspects of their life, including control over their physical environment, of …

Prescription Drug Use Among Detainees: Prevalence, Sources And Links To Crime, Catherine Mcgregor, Natalie Gately, Jennifer Fleming

Research outputs 2011

Concern regarding the diversion and non-medical use of prescription pharmaceuticals continues to grow as anecdotal evidence and other research points to a sizeable increase in the illegal market for such drugs. Estimating the prevalence of illegal use and understanding how pharmaceutical drugs come to be traded in the illegal drug market remain key research priorities for policymakers and practitioners in both the public health and law enforcement sectors. This report is the first of its kind in Australia to examine the self-reported use of illicit pharmaceuticals among a sample of police detainees surveyed as part of the Australian Institute of …

Comprehensive Methamphetamine Control Act, Cassandra A. Atkin-Plunk, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

No abstract provided.

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 …

Are We Responsible For Who We Are? The Challenge For Criminal Law Theory In The Defenses Of Coercive Indoctrination And "Rotten Social Background", Paul H. Robinson

All Faculty Scholarship

Should coercive indoctrination or "rotten social background" be a defense to crime? Traditional desert-based excuse theory roundly rejects these defenses because the offender lacks cognitive or control dysfunction at the time of the offense. The standard coercive crime-control strategies of optimizing general deterrence or incapacitation of the dangerous similarly reject such defenses. Recognition of such defenses would tend to undermine, perhaps quite seriously, deterrence and incapacitation goals. Finally, the normative crime-control principle of empirical desert might support such an excuse, but only if the community's shared intuitions of justice support it. The law’s rejection of such defenses suggests that there …

Regulating The Plea-Bargaining Market: From Caveat Emptor To Consumer Protection, Stephanos Bibas

All Faculty Scholarship

Padilla v. Kentucky was a watershed in the Court’s turn to regulating plea bargaining. For decades, the Supreme Court has focused on jury trials as the central subject of criminal procedure, with only modest and ineffective procedural regulation of guilty pleas. This older view treated trials as the norm, was indifferent to sentencing, trusted judges and juries to protect innocence, and drew clean lines excluding civil proceedings and collateral consequences from its purview. In United States v. Ruiz in 2002, the Court began to focus on the realities of the plea process itself, but did so only half-way. Not until …

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

Mercy, Crime Control, And Moral Credibility, Paul H. Robinson

All Faculty Scholarship

If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the more …

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Abnormal Mental State Mitigations Or Murder – The U.S. Perspective, Paul H. Robinson

All Faculty Scholarship

This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine of "mental illness negating an …

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

[A Brief Comparative Summary Of The Criminal Law Of The] United States, Paul H. Robinson

All Faculty Scholarship

This chapter provides a very brief summary of the central features of American criminal law. Section II describes its source and current form, which is almost exclusively statutory, embodied in the criminal codes of each of the fifty American states and (to a lesser extent) the federal criminal code. Section III sketches the typical process by which a case moves through an American criminal justice system, from the report of a crime through trial and appellate review. Section IV summarizes the most basic objective and culpability requirements necessary to establish liability for an offense and the doctrines that sometimes impute …

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 …

Risk Clusters, Hotspots, And Spatial Intelligence: Risk Terrain Modeling As An Algorithm For Police Resource Allocation Strategies, Leslie W. Kennedy, Joel M. Caplan, Eric L. Piza

Publications and Research

The study reported here follows the suggestion by Caplan et al. (Justice Q, 2010) that risk terrain modeling (RTM) be developed by doing more work to elaborate, operationalize, and test variables that would provide added value to its application in police operations. Building on the ideas presented by Caplan et al., we address three important issues related to RTM that sets it apart from current approaches to spatial crime analysis. First, we address the selection criteria used in determining which risk layers to include in risk terrain models. Second, we compare the ‘‘best model’’ risk terrain derived from our analysis …

Watching The Detectives: Crime Programming, Fear Of Crime, And Attitudes About The Criminal Justice System, Lisa A. Kort-Butler, Kelley J. Sittner Hartshorn

Department of Sociology: Faculty Publications

Research demonstrates a complex relationship between television viewing and fear of crime. Social critics assert that media depictions perpetuate the dominant cultural ideology about crime and criminal justice. This article examines whether program type differentially affects fear of crime and perceptions of the crime rate. Next, it tests whether such programming differentially affects viewers’ attitudes about the criminal justice system, and if these relationships are mediated by fear. Results indicated that fear mediated the relationship between viewing nonfictional shows and lack of support for the justice system. Viewing crime dramas predicted support for the death penalty, but this relationship was …