Criminology Commons^™

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

Faculty Scholarship at Penn Carey Law

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 …

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

Faculty Scholarship at Penn Carey Law

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 …

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

Faculty Scholarship at Penn Carey Law

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 …

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

Faculty Scholarship at Penn Carey Law

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 …

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

Faculty Scholarship at Penn Carey Law

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 …

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 …

Storm Spotting And Amateur Radio: A Field Guide For Volunteer Storm Spotters, Michael Patrick Corey

Electronic Theses and Dissertations

Volunteers have played a critical part in relaying weather information since the middle 19th century. The effort of these volunteers has helped safeguard life and property when severe weather threatens. For almost 100 years Amateur Radio operators have played a critical part in severe weather preparedness and response. Amateur Radio operators not only bring a willingness to serve, but communications skills that provide an added benefit to any storm spotter program. The National Weather Service recognized this when developing the SKYWARN program during the 1960’s. Amateur Radio and the National Weather Service have developed over the last 40 years a …

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

Sociology Department, 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 …

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 …

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

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 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.

The Relationship Among Emotional Intelligence And Leadership Styles Of Law Enforcement Executives, Gregory, Jr. Campbell

Walden Dissertations and Doctoral Studies

Policing in the 21st century is becoming more complex and dynamic as law enforcement executives deal with operational, political, and economic challenges. Organizational theory and research indicate positive relationships among emotional intelligence (EI), leadership effectiveness, leadership styles, and employee outcomes. But these relationships have not been investigated in law enforcement organizations. The purpose of this quantitative study was to fill this knowledge gap by exploring the above relationships in a sample of law enforcement executives. Situational leadership theory, full range leadership model, and trait EI theory comprised the theoretical framework for this study. Data were collected from 139 law enforcement …

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 …

Racial Profiling Policy And Its Relation To Pro-Active Policing, Bradley R. Anders

Walden Dissertations and Doctoral Studies

To address the primary problem of racial profiling by police, many states have passed legislation that require police departments to collect demographic data on those with whom the officer comes into contact; these data are later evaluated by supervisors. The problem lies in the possibility for police officers to disengage, or depolice, when faced with data collection policies that may be viewed as lessening the officer's discretion. It was this potential to depolice as related to policy interpretation that formed the conceptual framework for this study. As a result, implementation of racial profiling policies may negatively impact the very minorities …

The Utility Of Restorative Justice In Urban Communities For Afro Americans Males 12-17, Johnny Brooks

Walden Dissertations and Doctoral Studies

Juvenile delinquency continues to be a major social problem in the United States. One of the more salient problems with the juvenile justice system in the United States is its staggering incarceration rate, which poses a significant problem for youth exposed to the juvenile justice system, and the community as a whole. The purpose of this qualitative case study was to understand the perspective of the program facilitators about the effectiveness of the restorative justice program in reducing recidivism for African American males aged 12 to 17 in Baltimore City's urban community. This study relied upon restorative justice theory as …

Analysis Of Variance In Recidivism Between Special Needs Offenders And Regular Offender Populations In Texas, Park Esewiata Atatah

Walden Dissertations and Doctoral Studies

A Specialized or Super Intensive-1 (SI-1) supervision level refers to a contact requirement imposed on special needs offenders (SNOs) under Texas parole supervision. SI-1 supervision requires greater contact with parole officers and treatment providers than supervision levels used on regular offenders (ROs), yet little is known about whether SI-1 supervision offenders violate terms of their parole or commit new crimes at a different rate compared to the regular offender population in the State of Texas. Reconstruction theory and the social construction of reality were used as theoretical underpinnings of this study, which examined whether differences in offenders' supervision levels created …

Exploring Justice For Crime Victims: Characteristics And Contexts Of Crime Victims' Experiences With The Criminal Justice System, Phillip James Stevenson

Dissertations

During the last three decades, crime victims have increasingly been recognized by the criminal justice system as more than just witnesses for the prosecution. For example, in all 50 states crime victims are afforded specific statutory rights ranging from being treated with dignity and respect to having the opportunity to participate in the justice process, the latter most commonly seen during the sentencing phase where victims address the court and their offenders and describes how the crime has impacted their lives. Additionally, an increase in the number and type of programs based on the philosophy of restorative justice in recent …

Empathic Development Of Counselor Trainees For Difficult Clients Through Film And Narrative, Kristin Elisabeth Matson

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper posits that to develop empathy, similar to cross-cultural counseling competencies, counselor trainees should be exposed to life experiences of various clients, especially those deemed challenging, and which counselor trainees indicate no desire to work. As it is impractical to expect counselors to experience every type of client, learning about populations through narrative or film may be an option (Gladstein & Feldstein, 1983; Kurkijan & Banks, 1978; Pearson, 2003). Specifically, empathy in masters level counselor trainees both pre and post exposure to narrative and film depictions of violent juvenile offenders was explored. Results indicated that exposure to juvenile offenders …

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

Criminology and Criminal Justice Faculty Publications

No abstract provided.