Criminology and Criminal Justice Commons^™

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

All Faculty Scholarship

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible …

Whether The Bright-Line Cut-Off Rule And The Adversarial Expert Explanation Of Adaptive Functioning Exacerbates Capital Juror Comprehension Of The Intellectual Disability, Leona Deborah Jochnowitz

Touro Law Review

No abstract provided.

The Silence Penalty, Jeffrey Bellin

Faculty Publications

In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.

This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …

Geografía Abolicionista Y El Problema De La Inocencia, Ruth Wilson Gilmore

Publications and Research

Resumen:

En el presente artículo se analizan las geografías carcelarias en los Estados Unidos, desde el despliegue del capitalismo racial. La geógrafa afroamericana parte de la tesis de que las prisiones contemporáneas son extractivas, es decir, extraen personas y, cuando, en el mejor de los casos, no hacen parte de los altos índices de las muertes prematuras, las expulsan al mundo sin el derecho a ser ellas, dinámica que estimula la circulación rápida de flujos de dinero. Frente a esta topografía anuladora de la vida, la también activista afroamericana reflexiona sobre su experiencia en contra del complejo militar carcelario, el …

Trauma And Juvenile Justice In Carson City, Nevada, Ali M

Walden Dissertations and Doctoral Studies

The Nevada State Juvenile Justice and School systems do not currently screen or treat juveniles for post-traumatic stress disorder (PTSD). Left untreated, PTSD may contribute to behaviors that can lead to engagement with the juvenile justice system and contribute to high rates of recidivism and possible future engagement with the adult justice system. Using Erickson's theory of psychological development as the foundation, the purpose of this case study was to explore whether, from the perspectives of key stakeholders whether interventions and prevention services for juvenile justice clients in Carson City met the needs of youthful offenders also diagnosed with PTSD. …

A Global Perception On Contemporary Slavery In The Middle East North Africa Region, Kimberly Anne Pavlik

Walden Dissertations and Doctoral Studies

Although human trafficking continues to be a growing problem around the world, there are scarce quantitative methodologies for evidence-based research because it is hard to gather reliable and comparable data on human trafficking. It is also difficult to track patterns in human trafficking on a regional or global scale because the victims are a vulnerable population. Using Datta and Bales conceptualization of modern slavery as the theoretical foundation, the primary purpose of this study was to establish a baseline measurement of trafficking predictors in the Middle East North Africa (MENA) as well as understand the statistical relationship between measurements of …

Predictors Of Conviction: An Examination Of Arson Trial Outcomes In Florida, Timothy York

Walden Dissertations and Doctoral Studies

The influences that crime control, due process factors, and individual demographic characteristics have on the criminal trial outcomes of accused arsonists was unknown. Absent this knowledge, it was not clear if public policy ensures justice for the accused, particularly for the disadvantaged. The purpose of this quasi-experimental study was to investigate, using Packer's due process and crime control model as the theoretical framework, the relationship between time to trial, number of defense and prosecution witnesses, access to fire origin and cause experts, legal representation type, age, race, education, and gender and criminal arson case outcomes. A sample size of 165 …

Probation Officers' Attitudes On Illinois Electronic Monitoring Program For Drug Offenders, Erika J. Jones-Dilworth

Walden Dissertations and Doctoral Studies

Probation Officers' Attitudes on Illinois Electronic Monitoring Program

For Drug Offenders

by

Erika Jones-Dilworth

MPA, Governors State University, 2009

BS, Governors State University, 2007

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Public Policy & Administration

Walden University

November 2018

Honesty Without Truth: Lies, Accuracy, And The Criminal Justice Process, Lisa Kern Griffin

Faculty Scholarship

Focusing on “lying” is a natural response to uncertainty but too narrow of a concern. Honesty and truth are not the same thing and conflating them can actually inhibit accuracy. In several settings across investigations and trials, the criminal justice system elevates compliant statements, misguided beliefs, and confident opinions while excluding more complex evidence. Error often results. Some interrogation techniques, for example, privilege cooperation over information. Those interactions can yield incomplete or false statements, confessions, and even guilty pleas. Because of the impeachment rules that purportedly prevent perjury, the most knowledgeable witnesses may be precluded from taking the stand. The …

Factors Contributing To Juvenile Crime Leading To The Disparity Of The Risk Levels For Secure Detainment, Dawn Prystajko

Theses and Dissertations

The main purpose of this research was to explore the factors that contributed to juvenile crime which in turn caused disparity in secure detainment among juveniles. This was based upon the alternate hypothesis that there is a noticeable disparity with minority youths being more securely detained opposed to majority youths. Therefore, the research was designed to examine raw data obtained from the Juvenile Justice Services Planner/JDAI Coordinator of the excel database of juvenile arrests/detainment.

The findings revealed several key points. The finding revealed that useable data extracted from the excel database was not able to neither agree with nor support …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Biosocial Criminology Versus The Constitution, Karen E. Balter

Regis University Student Publications (comprehensive collection)

The continually emerging field of biosocial criminology provides a basis for productively merging biology with sociological reasonings for criminal behavior. Mainstream research in criminology focuses on environmental factors as the sole reason individuals exhibit antisocial behavior patterns and may ultimately commit crimes. Criminological research has travelled in this direction for decades. The current climate within this community subscribes heavily to the notion that biology has very little to do with why people behave the way they do, and if it did, government control would be the norm. The nature of biocriminology opens a door through which constitutional issues may enter. …

Criminality Of Women, Danielle Orr

Regis University Student Publications (comprehensive collection)

Criminological theories construct the basis of criminology, as these theories are used to develop preventative and rehabilitative measures. These criminological theories are developed based on standardized testing and empirical research conducted by theorists within the field. At a glance, the theories developed should cover all forms of crimes conducted by a range of individuals. However, a review of the literature determined further analysis of criminological theories must be conducted. This study looks at theories that are most common within criminology and determine whether or not women are equally represented and depicted. By analyzing strain, labeling, biological, and social control theories, …

Bias In, Bias Out, Sandra G. Mayson

All Faculty Scholarship

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies …

An Examination Of Inattentional Blindness In Law Enforcement, Gregory Lee

All Graduate Theses, Dissertations, and Other Capstone Projects

Inattentional blindness, or the inability to visually detect an unexpected stimulus while attending to a task or situation, can have detrimental effects on those who are subject to the phenomenon. This may be particularly true for law enforcement officers, who are often engaged in cognitively demanding tasks that draw their attention away from potentially deadly hazards. This study aimed to look at the effects of inattentional blindness within a group of officers of varying degrees of experience and expertise. The officers were presented with a video-based scenario in which an unexpected stimulus was placed. The control group was asked to …

Insanity Defense, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …

The Effects Of The War On Drugs On Black Women: From Early Legislation To Incarceration, Tiffany Simmons

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Quasi-Experimental Analysis Of School-Based Situational Crime Prevention Measures, Gary Zhang

Theses and Dissertations

In recent years, there has been an expansion of situational crime prevention (SCP) measures in K-12 schools, including physical controls, law enforcement personnel, and security policies that are designed to prevent crime by modifying the situational features of school environments. Although SCP measures are now increasingly commonplace in schools, there is inadequate research demonstrating the need for SCP measures and their impacts on school crime. In particular, there is contradictory and inconclusive evidence of their effectiveness and research has largely been limited to examining aggregate outcomes through the use non-experimental, correlational designs. This dissertation aims to address these gaps in …

Association Between Perception Of Police Prejudice Against Minorities And Juvenile Delinquency, Kwang Hyun Ra

Theses and Dissertations

Criminologists have long studied police prejudice with the assumption that it is a fundamental problem resulting in discrimination against certain racial and ethnic groups. However, little research has examined how individuals’ perceptions of police prejudice (PPP) influences compliance or delinquency behavior among the public. To fill this gap, in this paper, I reviewed relations between police and racial/ethnic groups, theorized an association between PPP and juvenile delinquency, and empirically examined the association.

The long history of racial/ethnic prejudice and discrimination predisposes racial/ethnic minorities to consider themselves targets of discrimination and to feel powerless. Moreover, some minorities justify the current system …

Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers …