Criminology Commons^™

Governing The "Alien Threat": A Multilevel Analysis Of Punitiveness Toward Non-Citizen Federal Drug Offenders Across Time And Place, Melanie Marie Holland

Sociology & Criminal Justice Theses & Dissertations

Though frequently disadvantaged across a plethora of various institutions throughout history, noncitizens have become increasingly targeted with recent political rhetoric refocusing on immigration as a threat to homeland security. The latent effects of this renewed political platform has been a heightened awareness of the “immigration threat” that has infiltrated the criminal justice system.

Previous research has found that citizenship status is related to sentencing outcomes despite the identification of this variable as extralegal by the USSC, though research remains largely divided on the extent and manifestation of this disparity. Furthermore, only a very few of these studies have examined potential …

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

Criminal Specialization In The Criminal Justice Context, Shi Yan

Legacy Theses & Dissertations (2009 - 2024)

The dissertation consists of two studies. Study 1 examines how criminal specialization predicts the sentencing outcomes. Theories of sentencing have pointed out the association between the sentence and the assessment of the defendant’s risk and culpability, and one of the most important indicators of an individual’s risk is his or her criminal records. Most quantitative studies of sentencing today take criminal records into consideration by controlling for the number of prior criminal justice contacts, and overlook the nature of the prior crimes. The concept criminal specialization refers to the tendency for an individual to repeat the same or a set …