Digital Commons Network^™

Lawful Or Fair? How Cops And Laypeople Perceive Good Policing, Tracey L. Meares, Tom R. Tyler, Jacob Gardener

Journal of Criminal Law and Criminology

Legal authorities and the public live in two separate worlds. One world is suffused with law, and the other world is suffused with people’s lived experiences that support their evaluations of fairness. When legal authorities consider whether police policies and practices are desirable, a framework regarding the lawfulness of the relevant policies and practices dominates the conversation. Police departments, their policies, and police officers’ actions are viewed as right or wrong with reference to constitutional standards, as interpreted by prosecutors, judges, and other legal actors. In contrast, we argue that the public is generally insensitive to the question of whether …

Estimating The Prevalence Of Entrapment In Post-9/11 Terrorism Cases, Jesse J. Norris, Hanna Grol-Prokopczyk

Journal of Criminal Law and Criminology

How many of the terrorism convictions since September 11, 2001 have been the product of entrapment? Some scholars and journalists have suggested that the number is quite high. One report went so far as to claim that only 1% of terrorism prosecutions involve “real” terrorism. The government’s defenders, at the opposite extreme, come close to saying that entrapment in a terrorism case is a contradiction in terms.

Little empirical basis exists for evaluating these competing claims. Existing literature on terrorism and entrapment is typically based on detailed discussions of a few egregious cases, rather than systematic analysis of the phenomenon. …

Symposium On The Center On Wrongful Convictions: Foreward, Karen L. Daniel

Journal of Criminal Law and Criminology

No abstract provided.

An Ideological Odyssey: Evolution Of A Reformer, Rob Warden

Journal of Criminal Law and Criminology

No abstract provided.

Remembering Disputed Sexual Encounters: A New Frontier For Witness Memory Research, Deborah Davis, Elizabeth F. Loftus

Journal of Criminal Law and Criminology

This paper reviews sources of distortion in memory for sexual encounters, particularly those between intoxicated participants. We review factors leading to initial misinterpretations of sexual consent including the indirect nature of sexual consent communications, misleading cultural sexual scripts, misinterpretation of passivity, and others. In this context, we consider the way in which alcohol can both contribute to initial misunderstanding and promote specific distortions in memory over time. Finally, we discuss additional influences on memory, including motivations related to self-esteem, self-concept maintenance, or litigation, and the effects of social influence from sources such as friends, forensic interviewers or therapists.

The Unindicted Co-Ejaculator And Necrophilia: Addressing Prosecutors' Logic-Defying Responses To Exculpatory Dna Results, Jacqueline Mcmurtrie

Journal of Criminal Law and Criminology

This article addresses a prosecutor’s development of new and bizarre theories, particularly in cases involving confession evidence, to explain away exculpatory DNA results. In Juan Rivera’s case, the prosecutor’s theory for why sperm found inside the 11-year-old victim on the day she was murdered did not belong to Rivera was that she had sex with someone before Rivera came along and raped (but did not ejaculate) and murdered her. The unnamed-lover theory is used so often by prosecutors that it has a moniker: “the unindicted co-ejaculator.” In the case of the Dixmoor Five, teenagers convicted of the rape and murder …

The Chronic Failure To Discipline Prosecutors For Misconduct: Proposals For Reform, Thomas P. Sullivan, Maurice Possley

Journal of Criminal Law and Criminology

While most prosecutors adhere to the maxim that their primary task is to obtain just results, there are some who violate their ethical responsibilities in order to rack up convictions. This article describes the distressing, decades-long absence of discipline imposed on prosecutors whose knowing misconduct has resulted in terrible injustices being visited upon defendants throughout the country. Many honorable lawyers have failed to speak out about errant prosecutors, thus enabling their ethical breaches. The silent accessories include practicing lawyers and judges of trial and reviewing courts who, having observed prosecutorial misconduct, failed to take corrective action. Fault also lies with …

Who Could It Be Now? Challenging The Reliability Of First Time In-Court Identifications After State V. Henderson And State V. Lawson, Aliza B. Kaplan, Janis C. Puracal

Journal of Criminal Law and Criminology

Despite the recent advances in assessing the reliability of eyewitness identifications, the focus to date has largely been identifications made pretrial. Little has been written about identifications made for the first time in the courtroom. While in-court identifications have an extraordinarily powerful effect on juries, all such identifications are potentially vulnerable to post-event memory distortion and decay. Absent an identification procedure that effectively tests the witness’s memory, it is impossible to know if the witness’s identification of the defendant is a product of his or her original memory or a product of the extraordinarily suggestive circumstances created by the in-court …

Prohibition, Stare Decisis, And The Lagging Ability Of Science To Influence Criminal Procedure, Wesley M. Oliver

Journal of Criminal Law and Criminology

Science has revealed that, contrary to longstanding intuitions, eyewitnesses are sometimes mistaken and false confessions do occur. The methods police use to obtain identifications and confessions can affect their reliability. Yet criminal procedure does not deter investigatory methods that produce unreliable evidence as thoroughly as it does those methods that produce reliable evidence. If an officer conducts an illegal search of a car trunk, the evidence is excluded and subsequently officers know that they must follow the rules if they hope to admit the fruits of such searches. If, however, an officer creates a suggestive lineup—which risks a false conviction—the …

Prosecutors And Victims: Why Wrongful Convictions Matter, Jeanne Bishop, Mark Osler

Journal of Criminal Law and Criminology

Often, discussions of wrongful convictions focus almost entirely on the wrongfully convicted and ignore two important constituencies: prosecutors and crime victims. Both constituencies have unique connections to wrongful convictions and should be recognized as potentially powerful allies for change. Prosecutors are deeply committed to justice and to the outcomes of their cases; they can help identify and correct wrongful convictions and introduce policies to avoid wrongful convictions in the first place. Wrongful convictions matter to crime victims because convicting the wrong person leaves the real perpetrator free to commit more crimes, creates a new, innocent victim, and drains resources that …

Sexual Assault Reports To The Police: A Pilot Investigation Of The Factors That Influence Victimization Reporting And Victim Perceptions Of Police Responses, Hailey A. Powers

Undergraduate Theses, Professional Papers, and Capstone Artifacts

The purpose of this study is to examine issues associated with the reporting of sexual assault victimization to the police and police responses to these reports. The information gathered will be used to inform best practices regarding future responses by the Missoula Police Department (MPD) and other stakeholders. The information will also be used to inform a larger investigation that will take place after the current pilot phase of the project ends. Evidence gathered from the data collected shows that many officers are conducting successful interviews with survivors of sexual assault. A majority of respondents state that detectives made them …

Exposure To Violence, Substance Use, And Neighborhood Context, Abigail A. Fagan, Emily M. Wright, Gillian M. Pichevsky

Criminology and Criminal Justice Faculty Publications

Adolescent exposure to violence and substance use are both public health problems, but how neighborhood context contributes to these outcomes is unclear. This study uses prospective data from 1416 adolescents to examine the direct and interacting influences of victimization and neighborhood factors on adolescent substance use. Based on hierarchical Bernoulli regression models that controlled for prior substance use and multiple individual-level factors, exposure to violence significantly increased the likelihood of marijuana use but not alcohol use or binge drinking. There was little evidence that community norms regarding adolescent substance use influenced rates of substance use or moderated the impact of …

Enlisting In The Military: The Influential Role Of Genetic Factors, Kevin M. Beaver, J. C. Barnes, Joesph A. Schwartz, Brian B. Boutwell

Criminology and Criminal Justice Faculty Publications

Given that enlistment in the U.S. military is completely voluntary, there has been a great deal of interest in identifying the various factors that might explain why some people join the military, whereas others do not. The current study expanded on this line of literature by estimating the extent to which genetic and environmental factors explained variance in the liability for lifetime participation in the military. Analysis of twin pairs drawn from the National Longitudinal Study of Adolescent to Adult Health (Add Health) revealed that 82% of the variance was the result of genetic factors, 18% of the variance was …

Understanding The Pathways To Youth Involvement In The Juvenile Justice System: A Longitudinal Investigation Of Poor, Inner-City African American Adolescents, Charlene Harris

Theses and Dissertations--Family Sciences

It is widely recognized that African American youth are disproportionately represented in the juvenile justice system in comparison to other ethnic/racial groups, and this has generated a large body of research into the etiology and prevention of crime in this population. Although there has been considerable research attention to identifying and reducing the disproportionate contact among African American youth within the juvenile justice system, it is still unclear what factors contribute to their involvement in the criminal justice system. Accordingly, the dissertation tests whether self-reports of behaviors in early adolescence are predictive official offending behaviors in late adolescence, as measured …

Is Downsizing Prisons Dangerous? The Effect Of California’S Realignment Act On Public Safety, Jody Sundt, Emily Salisbury, Mark G. Harmon

Criminology and Criminal Justice Faculty Publications and Presentations

Research Summary: Recent declines in imprisonment raise a critical question: Can prison populations be reduced without endangering the public? This question is examined by testing the effect of California’s dramatic efforts to comply with court-mandated targets to reduce prison overcrowding using a pretest-posttest design. The results showed that California’s Realignment Act had no effect on violent or property crime rates in 2012, 2013, or 2014. When crime types were disaggregated, a moderately large, statistically significant association between Realignment and auto theft rates was observed in 2012. By 2014, however, this effect had decayed and auto theft rates returned to pre-Realignment …

Methods Of Policing: Deviation From The Standard Model Of Policing And Measured Effectiveness, Elena Stamm

Williams Honors College, Honors Research Projects

The Standard Model of Policing is the original method of crime control put into place to increase the effectiveness of policing. However, there have been questions about whether or not the standard model has proven to be of any real effect. Since that time, researchers have sought a different model of policing that would prove more effective in crime reduction. This research seeks to analyze whether or not the methods developed are actually shown to be effective, through their study.

Sex Offender Management Policies And Their Unintended Cosequences: A National Survey Of The Perceptions Of Professionals, Corey Call

Theses and Dissertations

The mid-1990s brought sex offenders to the forefront of policy issues due to several highly publicized cases of abduction, sexual assault, and murder involving children. Following these cases, a number of sex offender management policies were passed to quell public concern over the safety of children due to sex offenders. Most notably, these new sex offender management policies mandated the creation of publicly available registries of sex offenders and enacted residence restrictions that forbid sex offenders from residing within certain distances from areas where children commonly congregate.

Although current sex offender management policies have been revealed to be largely ineffective …

Sexual Assault And Academic Achievement: Creating More Ideal College Campuses For Sexual Assault Survivors By Taking Into Account Intersectionality And Multiracial Feminism, Kelly Pinter

Dissertations

In this dissertation, the reader will learn about 28 sexual assault survivors' perceptions about educational and criminal justice responses to them after a sexual assault and how these sexual assault survivors perceived how race and ethnicity, income, and gender affect cases differently. Additionally, I explore sexual assault policies that survivors think are working, and those they feel need improvement. I also assess in depth recommendations concerning what education administrators, staff, and advocates can do to assist sexual assault survivors.

Thirty Year Follow-Up Of Juvenile Homicide Offenders, Norair Khachatryan

USF Tampa Graduate Theses and Dissertations

Killings by juvenile offenders have been a matter of concern in the United States since the 1980s. Although the rate of juvenile-perpetrated murders has been declining since the 1990s, it remains problematic, in that juvenile offenders account for approximately 10% of all homicide arrests. Research on recidivism of juvenile homicide offenders (JHOs) is important, due to relatively short follow-up periods in prior studies and a recent Supreme Court ruling that struck down mandatory life sentences without the possibility of parole for juveniles convicted of murder. The present study was designed to explore long-term patterns of recidivism, and particularly violent recidivism, …

Predictors Of Prison-Based Drug Treatment In Illinois, Erin Elizabeth Sneed

Master's Theses

This study identifies the inmate characteristics that are predictive of accessing prison-based substance abuse treatment services in Illinois. Substance abuse treatment has shown to effectively reduce recidivism; however, only a small proportion of those in need of treatment have access to it. This study found that of the roughly 50% of inmates who were recommended for treatment, only 16.6% received treatment in prison. Bivariate and multivariate analyses confirmed that being a female inmate who was more educated, not gang-affiliated, had fewer prior arrests, and who was serving between 6-30 months in custody were the most likely to receive treatment. The …

Assessing Suicide Risk Scores As A Predictor Of Suicidal Behaviors In A Correctional Psychiatric Facility, Janice Rice

Antioch University Dissertations & Theses

This study evaluated suicide risk assessments in a correctional psychiatric setting. It considered whether clinicians’ judgment of suicide risk predicted future suicidal behaviors in seriously mentally ill prisoners. Data analysis did not show that higher suicide risk scores predicted more suicidal behaviors, nor did it show that suicide risk scores differentiated multiple attempters, or those who went on to attempt suicide or self-harm two or more times in the three years following the assessment. Study data did, however show that suicide risk scores significantly differentiated those who went on to attempt suicide or self-harm at least once in the three …

Citizen Volunteers In Prison: Bringing The Outside In, Taking The Inside Out, Lisa Kort-Butler, Sarah E. Malone

Department of Sociology: Faculty Publications

The United States correctional system relies heavily on citizen volunteers, but there is little contemporary research on prison volunteers, which is further limited by sample and geographic region. The purpose of this project was to explore the role of citizen volunteers, including investigating why they volunteer and what their experiences with inmates and prison staff are like. Semi-structured interviews were conducted with citizen volunteers in the penal system of a Midwestern state. Volunteers had altruistic or faith-based motivations, viewing themselves as ‘seed planters’ but not saviors, and placing priority on building relationships. They described how volunteering transformed their views on …

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Antioch University Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …

The Influence Of Financial Institutions And Residential Lending On Neighborhood Crime, Anne M. Lee

Sociology & Criminal Justice Theses & Dissertations

This research aimed to bridge a gap in the literature between banks, mortgage investment, and neighborhood crime. Specifically, the current research uses the political economy approach to social disorganization theory (Bursik 1989) as a theoretical frame to understand the role of external investment on neighborhood levels of crime. This research was guided by several research questions that are derived from the prior literature on banks, mortgage lending and crime. The primary research question was: How do banks affect neighborhood levels of crime? And secondly, how does residential lending affect crime?

These questions are investigated by combining several sources of available …

The Influence Of High School Activity Portfolios On Risky Behaviors In Emerging Adulthood, Lisa A. Kort-Butler, David D. Martin

Department of Sociology: Faculty Publications

Extracurricular participation in adolescence is often linked to the development of a prosocial identity and social relationships. Through these social psychological mechanisms, participation is thought to prevent risky behavior in adolescence and into emerging adulthood. This study examined the relationship between high school activity portfolios and risky behaviors (i.e. binge drinking, drug use, and law violation) among a college sample. Five activity portfolios were identified, including sports-focused, low involvement, highly engaged, and two combination portfolios. There were significant differences between portfolios on social psychological measures (e.g. prosocial beliefs and social responsibility), current extracurricular involvement, and risky behaviors. Regression models indicated …

Prison Abolition And Grounded Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

This article introduces to legal scholarship the first sustained discussion of prison abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison-backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and …

Predictors Of Recidivism For Offenders With Mental Illness And Substance Use Disorders, Linda Buckmon

Walden Dissertations and Doctoral Studies

Mental illness and substance use disorders have been determined to be leading predictors for recidivism among criminal offenders in the United States who are released to community supervision. Women make up an increasing in percentage of this criminal justice population; however, few studies have explored the role that gender plays in determining men and women's recidivism. Offender's education, employment, and peer association have also been reported to be predictors increasing the likelihood of recidivism among criminal offenders. This study was designed to determine if gender, mental illness, substance use disorder, employment, education, and peer association predicted recidivism. Differential association theory …

General Strain Theory As A Predictor Of Occupational Fraud, Timothy Bergsma

Walden Dissertations and Doctoral Studies

The world economy loses an estimated $3.5 trillion annually due to fraud. A weakened economy leads to additional hardships for individuals, families, and organizations. General strain theory (GST) posits that certain strains lead to negative emotional responses, and the result is delinquent behavior. The purpose of this research was to analyze the relationship between strain and occupational fraud through the theoretical framework of GST. The research questions addressed (a) occupational frauds as measured by strain levels of perpetrators, (b) the relationship between strain scores and the different occupational fraud types, and (c) the significance of the relationship between fraud motivation …

The Deterrent Effect Of Disciplinary Segregation On Prison Inmate Misconduct, Joseph William Lucas

Walden Dissertations and Doctoral Studies

Although a widely used practice, it was previously unknown whether disciplinary segregation is actually effective at modifying prison behavior. This quantitative, retrospective observational study tested deterrence theory and explored the effectiveness of disciplinary segregation in deterring subsequent prison inmate misconduct among those subjected to it (N = 228). It compared a cohort of male inmates incarcerated by the Oregon Department of Corrections who had spent time in disciplinary segregation in 2011 and/or 2012 with a comparison cohort who had not spent any time in disciplinary segregation. Three models were tested, each with the outcome variable operationalized in a different way: …

Alleviating Risks Of Parental Incarceration Through Mentorship, Sonia Murrey

Walden Dissertations and Doctoral Studies

The focus of the present study was on the lack of positive socialization of children affected by parental incarceration. Researchers have indicated the need to broaden the examination of the effects of parental incarceration on children. Mentorship has demonstrated a positive influence for youth who display at-risk behaviors. However, there is little research regarding the effectiveness of mentorship programs for youth who have experienced the negative effects of parental incarceration. The purpose of this transcendental phenomenological study was to describe the experiences of youth who have completed an individualized mentorship program following parental imprisonment. Flyers were distributed to case managers …