Digital Commons Network^™

Altruism And Spite In Politics: How The Mind Makes Welfare Tradeoffs About Political Parties, Alessandro Del Ponte, Andrew W. Delton, Peter Descioli

Political Science Faculty Articles and Research

How much will people sacrifice to support or oppose political parties? Extending previous work on the psychology of interpersonal cooperation, we propose that people’s minds compute a distinct cost–benefit ratio—a welfare tradeoff ratio—that regulates their choices to help or hurt political parties. In two experiments, participants decide whether to financially help and hurt the inparty and outparty. The results show that participants were extremely consistent (> 90%) while making dozens of decisions in a randomized order, providing evidence for tradeoff ratios toward parties. Moreover, participants’ ratios correlated in the expected directions with partisanship, political ideology, and feelings of enthusiasm and …

Joint Dedication To Chief Justice David Gilbertson & Professor Emeritus Jonathan Van Patten, Steven R. Jensen, Janine M. Kern, Mary Campbell Mcqueen, Lee Schoenbeck, Natalie Damgaard, Patrick Garry, Chris Hutton, Thomas E. Simmons, Charles Thatcher

South Dakota Law Review

No abstract provided.

Risking Suffering: How Bucklew V. Precythe Weakened Eighth Amendment Protections, Joshua Liester

South Dakota Law Review

No abstract provided.

Master’S Level Mental Health Counselor Experiences Working With Offenders In Correctional Settings, Jennifer Bernard

Walden Dissertations and Doctoral Studies

Forensic mental health is considered a specialty at a doctoral level, yet a majority of mental health services in correctional settings are provided by master’s-level mental health counselors. These clinicians lack the specialized education, training, and experience needed to work with offenders in correctional settings. There is limited research on how master’s-level counselors experience providing mental health services in correctional settings and how they manage challenges. The purpose of this qualitative study was to understand the lived experiences of master’s-level mental health counselors working with offenders in correctional settings. A hermeneutic phenomenological approach was used to facilitate an understanding of …

Male Graduates' Experiences Following An Alternatives Sentencing Program In Grenada, Wendy Margaret Romain

Walden Dissertations and Doctoral Studies

AbstractJuveniles in many countries around the world were incarcerated during the 1980s and 1990s due to countries’ legislating tough-on-crime policies against juveniles. Community-based alternative sentencing options have since been found to be more effective than prisons for developmental and rehabilitative needs of juveniles. However, there is a dearth of research on how these programs have impacted the lives of their graduates. In this study, five male graduates of an alternative sentencing program on the island of Grenada were interviewed to examine how they applied skills and knowledge gained from the program. The theory of change model based upon Prochaska’s Transtheoretical …

Officer Perceptions Of Cultural Competency And Growing Hispanic Suburbia In Northwest Indiana, Joseph William Swanson

Walden Dissertations and Doctoral Studies

Increased interactions between police and Hispanic citizens in suburban communities suggest a need for officers to possess cultural awareness and competency for successful service; however, how cultural competency develops in officers remains elusive. This qualitative interpretative phenomenological study’s purpose was to explore cultural competency’s role in police-Hispanic citizen interactions through the lived experiences of officers in Northwest Indiana. Bronfenbrenner’s ecological systems theory and Bennett’s developmental model for intercultural sensitivity comprised the research frameworks. Data collected through semi-structured interviews of 9 officers representing 4 police departments in northwest Indiana revealed the officers’ existing cultural competency was predicated by self-motivation reflective of …

Content Analysis Of Ethics Curriculum Requirements In Undergraduate Social Work Programs, Debra Evonne Thrower

Walden Dissertations and Doctoral Studies

Due to recent mandates of the 2015 Council on Social Work Education (CSWE) Educational Policies and Accreditation Standards, social work ethics education has received considerable attention. These standards have increased the focus on ethical education requirements in bachelor’s and master’s curricula. However, research regarding approaches that undergraduate institutions use to implement the required content remains limited. The purpose of this qualitative study was to examine ethics education requirements in the syllabi from practice courses at CSWE-accredited undergraduate social work programs. Common morality theory and curriculum theory were theoretical frameworks that guided examination of the phenomenon. Data were collected from 51 …

A Qualitative Exploration Of Campus Law Enforcement Sexual Assault Response, David Alan Ferber

Walden Dissertations and Doctoral Studies

Sexual assault violence affects many college students regardless of ethnicity, age, gender, race, or socio-economic background. There is a problem with reporting sexual assaults on college campuses to campus law enforcement officials. The purpose of this qualitative narrative study was to utilize the theory of andragogy and social theory to identify the factors that contribute to effective campus law enforcement training as it relates to responding to sexual assaults. The research questions addressing the existing gap in the literature examined whether campus law enforcement officers were receiving adequate training to assist a sexual assault victim and the strategies that are …

School Counselors' Use Of A Multitier System Of Support To Foster Safe School Experiences And Respond To School Violence, George Padilla, Clarissa L. Salinas, Javier Cavazos Vela, James F. Whittenberg

Organization and School Leadership Faculty Publications

In this chapter, the authors introduce and identify current issues, controversies and problems that influence school safety and counselor preparedness. A brief overview of school violence in America, counselors' training to deal with school violence, and factors that influence school violence are provided. Following this, the authors present a multitier system of supports (MTSS) as a recommended model for counselors to (1) prevent, (2) prepare and plan, (3) respond, and (4) lead recovery efforts as related to school violence. Finally, a case study is presented in which the authors apply best practices within the American Counselor Association's national framework to …

Effects Of Intervention And Prevention Programs On Youth Risk-Taking Behavior In Monroe County, Audrey D. Davis

Walden Dissertations and Doctoral Studies

Crime committed by adolescents between the ages of 13 and 16 is a recurring issue in the United States. Research showed a number of contributing factors associated with youth risk-taking behaviors and juvenile delinquency. The purpose of this qualitative case study was to improve the understanding of the relationship between intervention and prevention programs and curbing risk-taking and delinquency among adolescents between the ages of 13 and 16 in Monroe County, New York. This study addressed the connection between modern theories of deviance and programs of juvenile delinquency intervention as conceptualized by Chapman as the theoretical framework. Using intrinsic case …

Understanding The Psychopath From A Psychodynamic Perspective: A Rorschach Study, Carl B. Gacono, Jason M. Smith

Archives of Assessment Psychology

The psychopathic personality is organized at a borderline level of personality. Additionally, while male psychopaths are considered to manifest pathological narcissism, female psychopaths are best understood in terms of malignant hysteria. Using Kernberg’s three components of borderline personality functioning (identity diffusion, reliance on primitive defenses, and transient lapses in reality testing), we examined the following Rorschach variables in 159 Psychopathy Checklist-Revised (PCL-R)-delineated psychopaths (PCL-R > 30; 44 males, 115 females): Dv, M-, and Kwawer PMRs (identity diffusion); (H), (Hd), and Cooper et al. (1988) RDS (reliance on primitive defenses); and X-%, Xu%, X+%, S-, WSum6, and RDS massive denial (transient lapses …

Commentary: A Psychodynamic Model Of Psychopathy, Using Gullhaugen Et Al. (2021) As A Reference, Carl B. Gacono, Jason M. Smith

Archives of Assessment Psychology

Recently in Psychoanalytic Psychology, Gullhaugen et al. (2021) proposed a Dynamic Model of Psychopathy (DMP) to better understand psychopathic traits. Several issues with the authors’ methodology, including the use of the Psychopathy Checklist: Screening Version (PCL: SV) as an independent measure and a small sample size (N = 16) relative to their conceptual approach and the number of statistical analyses conducted, limit the conclusions that can be drawn from their data. Additionally, the authors discuss their findings as if the data from this study with all males could apply to women. In this article, we use the methodological issues presented …

Pay To Play? Campaign Finance And The Incentive Gap In The Sixth Amendment’S Right To Counsel, Neel U. Sukhatme, Jay Jenkins

Duke Law Journal

For nearly sixty years, the U.S. Supreme Court has affirmed that the Sixth Amendment to the U.S. Constitution guarantees felony defendants the right to counsel, regardless of their ability to pay. Yet nearly all criminal procedure scholars agree that indigent defense as practiced today falls far short of its initial promise. These scholars frequently cite a lack of political support, insufficient public funding, and a failure to address instances of inadequate legal representation, among other things, as causes for the underlying systemic dysfunction.

This Article contends that these conventional critiques are incomplete. Rather, indigent defense systems often fail due to …

Exploring Alternative Dispute Resolution For Settlement Of Criminal Disputes In Nigeria, Agatha Anulika Okeke

Walden Dissertations and Doctoral Studies

Despite advancements in modern criminal justice administration and its widespread use in criminal justice administration in other parts of the globe, alternative dispute resolution (ADR) was not widely used in Nigeria. A qualitative research method was used, anchored with Bentham’s theory of judicial organization and adjective law, cognitive-behavioral theory, and the reintegrative shaming theory. The purposeful sampling technique, a nonprobability sampling method was used to select 10 participants who were either members of the Bar or of the Bench for the interview sessions. Their responses were transcribed, analyzed, coded, decontextualized, recontextualized, and the meaning units fed into the Nvivo statistical …

Shifting Sands: The Reconfiguration Of Neoliberal Youth Penality, P Gray, R Smith

School of Law, Humanities and Social Sciences

This article begins by tracing the emergence of ‘therapeutic surveillance’ as a new formula for neoliberal disciplinary power. It maps and interrogates the reconfiguration of a hybrid array of neoliberal rationalities and technologies for the penal governance of young people who offend. It then engages with the challenges posed by critical realists to the governmentality position by questioning how human agency can contest, subvert and resist the dystopian reach of ‘therapeutic surveillance’ in action. While ‘therapeutic surveillance’ is steeped in a disciplinary logic of individualization and responsibilization, we argue that it also opens the space for a more transformative youth …

Restatements Of Statutory Law: The Curious Case Of The Restatement Of Copyright, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

For nearly a century, the American Law Institute’s (ALI) Restatements of the Law have played an important role in the American legal system. And in all of this time, they refrained from restating areas of law dominated by a uniform statute despite the proliferation and growing importance of such statutes, especially at the federal level. This omission was deliberate and in recognition of the fundamentally different nature of the judicial role and of lawmaking in areas governed by detailed statutes compared to areas governed by the common law. Then in 2015, without much deliberation, the ALI embarked on the task …

A Human Rights Agenda For The Biden Administration, Sarah H. Cleveland

Faculty Scholarship

The Biden administration has much to do to restore the United States’ credibility as a human rights leader and to strengthen the human rights system in an era of rising right-wing nationalism, authoritarianism, and competition for global power. In doing so, it needs to lead by example by putting its own house in order, and act with both courage and humility in the face of deep global skepticism and distrust. Specifically, the administration should pursue five stages of engagement on human rights: reverse and revoke measures taken by the Trump administration, reaffirm the United States’ traditional commitments to human rights …

Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin

Faculty Scholarship

For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate punishment chills beneficial corporate activity or, in the alternative, lets corporate criminals off too easily. A crucial and yet understudied aspect of this debate is empirical evidence. Unlike most other types of crime, the government does not measure corporate crime rates; therefore, the government and researchers alike cannot easily determine whether disputed policies are effectively deterring future incidents of corporate misconduct. In this Article, we take important first steps in addressing these questions. Specifically, we use three novel sources as proxies for corporate …

Automating Fairness? Artificial Intelligence In The Chinese Court, Rachel E. Stern, Benjamin L. Liebman, Margaret Roberts, Alice Z. Wang

Faculty Scholarship

How will surging global interest in data analytics and artificial intelligence transform the day-to-day operations of courts, and what are the implications for judicial power? In the last five years, Chinese courts have come to lead the world in their efforts to deploy automated pattern analysis to monitor judges, standardize decision-making, and observe trends in society. This Article chronicles how and why Chinese courts came to embrace artificial intelligence, making public tens of millions of court judgments in the process. Although technology is certainly being used to strengthen social control and boost the legitimacy of the Chinese Communist Party, examining …

Populist Prosecutorial Nullification, Kerrel Murray

Faculty Scholarship

No one doubts that prosecutors may sometimes decline prosecution notwithstanding factual guilt. Everyone expects prosecutors to prioritize enforcement based on resource limitation and, occasionally, to decline prosecution on a case-by-case basis when they deem justice requires it. Recently, however, some state prosecutors have gone further, asserting the right to refuse categorically to enforce certain state laws. Examples include refusals to seek the death penalty and refusals to prosecute prostitution or recreational drug use. When may a single actor render inert her state’s democratically enacted law in this way? If the answer is anything other than “never,” the vast reach of …

Systemic, Racial Justice-Informed Solutions To Shift "Care" From The Criminal Legal System To The Mental Health Care System, Sarah Vinson, Andrea L. Dennis

Scholarly Works

The current configuration and function of U.S. societal structures drives the overrepresentation of people with serious mental illness in the criminal legal system. Although the causes are multifactorial, the mental health system poorly serves those at highest risk of criminal legal system involvement. The growth of the mental health evidence base regarding the social determinants of mental health has ushered in greater understanding of their central role in the promotion and maintenance of mental illness and health. These academic strides, however, have failed to translate into widespread care and payment policy changes. Additionally, as is the case in the criminal …

Confrontation In The Age Of Plea Bargaining, William Ortman

Scholarly Works

A defendant’s right to confront the witnesses against him is a cornerstone of our adversarial system of criminal justice. Or is it? Under current law, defendants can invoke their confrontation right only by going to trial. But trials account for about five percent of criminal convictions. That means that the overwhelming majority of defendants convicted in the United States never get to exercise their constitutional right to confront the government’s witnesses. This Essay argues that the Supreme Court should align its Confrontation Clause jurisprudence with the reality of contemporary criminal justice. The Sixth Amendment grants a criminal defendant the right …

Impact Of Ptsd On Hcv/Hiv Risk-Reduction Interventions Among Incarcerated Drug-Using Women In Rural Appalachia, Caitlyn Hood

Theses and Dissertations--Psychology

Justice-involved women in rural Appalachian Kentucky are a particularly vulnerable group in need of targeted risk-reduction interventions for hepatitis C virus (HCV) and human immunodeficiency virus (HIV). Compared to women in the general U.S. population, justice-involved women in rural Appalachia report dramatically higher rates of HCV/HIV risk behaviors (e.g., injection drug use and risky sex), interpersonal violence (IV; e.g., physical, sexual, or emotional abuse), and posttraumatic stress disorder (PTSD). IV and PTSD may exacerbate rural Appalachian women’s risk for contracting and transmitting HIV/HCV, indicating a need to approach HCV/HIV risk-reduction interventions from a trauma-informed perspective.

Brief motivational interviewing and psychoeducation …

Altering The Distance: Using Construal Level Theory To Examine Conciliatory Policy Support, Brandon Reinkensmeyer

Theses and Dissertations--Psychology

Distancing—a cognitive reappraisal strategy—increases conciliatory policy support (i.e., policies redressing inequity) by reducing anger. Related but distinct research has used construal level theory (CLT), which explains the relationship between psychological distance and mental representations (e.g., events and attitudes), to explore intergroup relations. CLT demonstrates increased psychological distance induces abstract thinking, which leads to high-level construal (HLC) mindsets. HLC mindsets, like distancing, decrease political polarization and prejudice toward out-groups. As both distancing (an appraisal technique) and HLC mindsets (a potential outcome of appraisal techniques) may decrease political polarization and prejudice toward outgroups, across two experiments, the present work investigated whether …

The Impact Of Affiliative Motivation And Trust On Confrontations Of Racism, Jamie Patrianakos

Dissertations

Anti-Black racism persists in the United States with harmful consequences for Black people. White people are able to disrupt the racial status quo and propel the conversation about racial justice forward by confronting racism. Confronting perpetrators of racism can reduce prejudice, yet people hesitate to confront because they fear social backlash, even from those with whom they share a social bond. Two online studies asked participants to complete a task eliciting stereotypical responding while being observed by a supposed interaction partner with whom they shared either a high or low desire to get along. Participants were confronted by their interaction …

African American Superintendent Perceptions And Experiences With The Recruitment, Selection And Promotion Process, Dennis Perry

LMU Theses and Dissertations

The underrepresentation of African Americans in the superintendency and lack of equitable access to the superintendency in K-12 public school districts across the United States is a problem of significant concern. This qualitative study explores the perceptions of 17 African American superintendents with the recruitment, selection, and promotion process to the superintendency while examining how the role of race, racism, sexism, and discrimination contribute to the underrepresentation of African American superintendents. The career and employment experiences of African American superintendents via semi-structured interviews is how this study extrapolates data to answer the research question. Thematic analysis based on narrative inquiry …

Collaboration Practices In Intellectual (Learning) Disability Services’ Multidisciplinary Teams, Madeleine Tremblett

Other Faculty of Health Theses

This thesis takes an approach that combines discursive psychology, conversation analysis and ethnography to explore how collaboration works in practice. Clinical guidance refers to collaboration as the chosen form of teamwork for multidisciplinary teams (MDT). Professionals in intellectual (learning) disability (I(L)D) services are advised by NHS England to collaborate in MDTs to address the multiple and complex needs of clients. However, clinical guidance for healthcare professionals uses the term collaboration without explaining what collaboration might look like. Previous research on collaboration focuses on the barriers and facilitators to collaboration, again treating collaboration as a concept that does not need explanation …

Infant Removal From Birth Parents - How Does Health Information Impact Court Decisions? A Scoping Review, Rachel Gregory-Wilson, Liesel Spencer, Elizabeth Handsley, Toby Raeburn

Nursing Papers and Journal Articles

Problem: Courts make complex decisions daily regarding removal of infants from birth parents and placement in out-of-home care. Nurses and other health professionals often take part in such processes, either as court informants, witnesses, or via their role delivering healthcare to infants and/or birth parents involved. To date there has been very little research exploring how health information impacts upon decision-making about infant removal.

Aim: To explore how health information impacts court decisions about removing infants from birth parents.

Methods: Using Arksey and O’Malley’s five-stage method for scoping reviews as a guide, eight electronic databases were searched to identify relevant …

An Examination Of Post-Traumatic Stress Symptoms And Aggression Among Children With A History Of Adverse Childhood Experiences, Elizabeth M. Mcrae, Laura Stoppelbein, Sarah E. O'Kelley, Paula Fite, Shana B. Smith

Research, Publications & Creative Work

Childhood aggression is associated with many deleterious outcomes and is a common reason for psychiatric referral (Card and Little 2006; Gurnani, Ivanov, and Newcorn 2016). One factor associated with childhood aggression is Adverse Childhood Experiences (ACEs; Felitti et al. 1998). However, existing research remains equivocal on which characteristics of ACEs (e.g., cumulative impact, typology, etc.) are significantly elated to aggression, especially when considering differential effects of ACEs on proactive aggression (PA) and reactive aggression (RA; Dodge and Coie, 1987). Post-traumatic stress symptoms (PTSS) are a common negative sequalae of ACEs and are characterized by disruptions in several cognitive, emotional, and …

Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown

Faculty Articles

This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …