Digital Commons Network^™

Predictors Of Accessing Substance Abuse Services Among Individuals With Mental Disorders Released From Correctional Custody, Stephanie Hartwell, Xiaogang Deng, William Fisher, Julianne Siegfriedt, Kristen Roy-Bujnowski, Craig Johnson, Carl Fulwiler

Sociology Faculty Publication Series

Objective

In the context of an increasing correctional population and corresponding rates of mental illness and substance abuse among this population, this study focuses on describing the predictors of substance abuse service utilization for ex-inmates with dual disorders. Our aim is to assess the likelihood and characteristics of ex-inmates with mental disorders who access substance abuse treatment services within two years of correctional release.

Methods

Using merged administrative data on all ex-inmates with open mental health cases released from Massachusetts Department of Corrections and two County Houses of Corrections from 2007 to 2009 (N=2,280) and substance abuse treatment outcome data …

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Plata V. Brown And Realignment: Jails, Prisons, Courts, And Politics, Margo Schlanger

Articles

The year 2011 marked an important milestone in American institutional reform litigation. That year, a bare majority of the U.S. Supreme Court, in an opinion in Brown v. Plata by Justice Anthony Kennedy, affirmed a district court order requiring California to remedy its longstanding constitutional deficits in prison medical and mental health care by reducing prison crowding. Not since 1978 had the Court ratified a lower court's crowding-related order in a jail or prison case, and the order before the Court in 2011 was fairly aggressive; theoretically, it could have (although this was never a real prospect) induced the release …

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan Tomkins, Elizabeth Neeley, Mitchel Herian, Joseph A. Hamm

Department of Psychology: Faculty Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure- to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites …

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Publications

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.

While the situation that gave rise to the battered women's movement in the 1970s is often presumed …

Effective Trial Counsel After Martinez V. Ryan: Focusing On The Adequacy Of State Procedures, Eve Brensike Primus

Articles

Everyone knows that excessive caseloads, poor funding, and a lack of training plague indigent defense delivery systems throughout the states, such that the promise of Gideon v. Wainwright is largely unfulfilled. Commentators have disagreed about how best to breathe life into Gideon . Many disclaim any possibility that federal habeas corpus review of state criminal cases could catalyze reform give n the many procedural obstacle s that currently prevent state prisoners from getting into federal court. But the Supreme Court has recently taken a renewed interest in using federal habeas review to address the problem of ineffective attorneys in state …

Interpersonal Power In The Criminal System, Kimberly A. Thomas

Articles

This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

Positive Obligations And Criminal Justice: Duties To Protect Or Coerce?, Liora Lazarus

All Faculty Publications

This chapter explores the relationship between criminal law, criminal process and human rights from a slightly different perspective. It demonstrates that while human rights may well be used to limit the excesses of security and law and order politics, the nature of the relationship between human rights and criminal justice cannot be captured alone by the view of rights as a limit on the coercive reach of the criminal law and criminal justice institutions. Increasingly, human rights, cast as positive rights, have resulted in claims for the extension of the criminal law, the creation of preventative duties or ‘protective policing …

Secondary Victims' Perceptions Of Justice : Implications For Forensic Psychology, Benjamin Bannister

Theses: Doctorates and Masters

An emerging area of study has begun to look at the perceptions of justice of the family and friends of crime victims – or, secondary victims. It is important to improve understanding of secondary victims’ experiences of justice, partly because knowledge about how they perceive justice may help forensic psychologists assist them more effectively. This research attempted to assess how well existing justice theories could account for secondary victims’ perceptions of justice, and also help determine what is important to them. Using the largely ignored group of secondary victims of non-sexual violent crime, the research consisted of two interrelated stages. …

The Case Against The Case Against The Death Penalty, Chad W. Flanders

All Faculty Scholarship

Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools …

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Nebraska Sex Offender Registry Study: Interim Report, Ryan E. Spohn

Reports

Sexual victimization is of great concern to the public, as evidenced by the legislative attention it has received over the last twenty years (Adkins, Huff, and Stageberg 2000; Levenson 2006; Sample and Kadleck 2008; Schram and Milloy 1995; Walker et al. 2005; Zevit 2006). To help increase public safety and address public concern, corrections departments nationwide have adopted some form of risk classification and assessment instrument for offenders who have been convicted of sex crimes (Richardson and Huebner 2006). Some of the most popular risk assessment instruments include the STATIC 99, RRASOR, MnSOST, SORAG, and ASRS (Richardson and Huebner 2006; …

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …

Restorative Justice And Recidivism: A Meta-Analysis, Kristin Bain

Electronic Theses and Dissertations

Restorative Justice is an approach to resolving conflict that has become increasingly relevant as both financial and social costs associated with crime have continued to rise. As alternative methods of managing crime are being considered and implemented there is a call from policy makers for evidence that those programs are indeed the best practice. Although there is a significant amount of research on restorative justice, synthesis of that information is lacking which impedes full understanding of the potential of the impact and role of this approach. A central argument is that restorative based programs produce benefits because they reduce recidivism …

My Professor Is Hot! Correlates Of Ratemyprofessors.Com Ratings For Criminal Justice And Criminology Faculty Members, Richard R. Johnson, Angela D. Crews

Criminal Justice Faculty Research

RateMyProfessors.com” ratings of the easiness, helpfulness, clarity, overall quality, and “hotness” of 407 criminal justice and criminology faculty members from across the United States were collected. Data were analyzed to determine what faculty characteristics determined these ratings. Experience working in the criminal justice field predicted higher ratings, while years of teaching experience was predictive of lower ratings. After controlling for instructors easiness and “hotness” ratings, the instructors’ ascribed characteristics (such as race and sex) explained the greatest proportion of variance in clarity, helpfulness, and overall quality scores. Professional characteristics, such as years of experience, publication rate, and possession of a …

Defending Those People, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Many practitioners and scholars have written perceptively about the motivations of criminal defenders. Some have written eloquently. I have my own body of work on this and related questions.

This essay is about why the author has devoted her professional career--her life--to defending people most of society would just as soon banish and forget. After nearly thirty years of criminal law practice, her reasons are such a part of her that they are nearly inarticulable. The author is a criminal defender in her soul. She also has been teaching and writing about criminal defense for almost as long as she …

Alaska Justice Forum ; Vol. 29, No. 3-4 (Fall 2012 / Winter 2013), Brian Jarrett, N/A Uaa Justice Center

Vols 21-30 (2004-2014)

The Fall 2012/Winter 2013 issue of the Alaska Justice Forum presents articles on different approaches to mediation, Alaska and U.S. correctional populations in 2011, and an update on the work of the Alaska Prisoner Reentry Task Force.

Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill

Marquette Elder's Advisor

As America is graying, so is the prison population. This article discusses the variable ways police treat elderly offenders, often depending on the nature of their infractions. Courts also vary in their treatment of elderly offenders. The greatest future challenges may be in the area of providing (and paying for) adequate health care programs for elderly inmates, especially those with mental health problems.

What Use Are Legal Academics?, Roger Fairfax

Presentations

No abstract provided.

Effective Parole Supervisor Traits Observed By Texas Parole Officers, David H. Bolding Ii

Regis University Student Publications (comprehensive collection)

This research study uses a quantitative method to identify the traits that Texas parole officers observe make an effective leader. This study adds to what seems to be a void in research on parole supervisors. Prior literature has identified that numerous individual traits and observable traits play an active role in effective leaders. This study uses "Survey Monkey" to employ the use of surveys across Texas, and to ensure confidentiality. By utilizing the method in this study, effective traits can be identified and used as a tool to increase present supervisory capabilities and allow others to have a guide on …

What Incarcerated Women At The Women’S Center Say They Need From The Criminal Justice System, Jillian Foley

Muskie School Capstones and Dissertations

The purpose of this study was to give a voice to Maine’s incarcerated women and potentially influence the ongoing policy revision process in Maine. The researcher conducted 3 focus groups with 18 residents of the Women’s Center- a gender-responsive facility that houses about 70 to 80 incarcerated women at the Maine Correctional Facility in Windham, ME. The perspectives of the participants varied, however, the findings of the study were largely in line with the literature guidelines for gender-responsive policies and practices.

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Articles

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.

Alaska Justice Forum ; Vol. 29, No. 2 (Summer 2012), Brad A. Myrstol, Cory R. Lepage, Barbara Armstrong

Vols 21-30 (2004-2014)

The Summer 2012 issue of the Alaska Justice Forum features articles on public perceptions of judicial fairness in Alaska criminal courts, an initiative to improve the system of in-state community-based treatment for youth and children with severe emotional disturbances and challenging behaviors, and an update on the work of the Criminal Justice Working Group.

Prison Wardens' Perceptions Of Sex Offenders, Sex Offender Registration, Community Notification, And Residency Restrictions., David Patrick Connor

Electronic Theses and Dissertations

There is relatively little known about how criminal justice system actors perceive sex offenders and the fairness, efficacy, and scope of policies aimed at sex offenders. Similarly, there is sparse research that specifically examines the attitudes, beliefs, and experiences of prison wardens. Following in the footsteps of earlier research (Tewksbury & Mustaine, 2011; Tewksbury, Mustaine, & Payne, 2011, in press), the present study addresses these gaps by considering the attitudes and beliefs toward sex offenders held by wardens. This examination includes perceptions about sex offenders as prison inmates, sex offender registration, community notification, and residency restrictions. Further, this research assesses …

Reducing Recidivism In Returning Offenders With Alcohol And Drug Related Offenses: Contracts For The Delivery Of Authentic Peer Based Recovery Support Services, Sarah Scarbrough

Theses and Dissertations

In collaboration with Sheriff C. T. Woody, the Deputies and other jail personnel, Kingdom Life Ministries (KLM) operates in the City of Richmond Jail. Aimed at serving individuals who suffer from alcoholism and other drug addictions, KLM’s programs offer peer-to-peer recovery support services; meaning people who are successful in their recovery deliver the recovery message. On any given day, rehabilitation and recovery services are provided to 120 men in what used to be the worst tier of the Richmond City Jail. A large portion of these men battle substance abuse disorders and have exhibited habitual criminal behavior over an extended …

Extralegal Punishment Factors: A Study Of Forgiveness, Hardship, Good Deeds, Apology, Remorse, And Other Such Discretionary Factors In Assessing Criminal Punishment, Paul H. Robinson, Sean E. Jackowitz, Daniel M. Bartels

Vanderbilt Law Review

The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. Those rules classically look to an offender's blameworthiness, taking account of both the seriousness of the harm or the evil of the offense and an offender's culpability and mental capacity. Courts generally examine these desert-based factors as they exist at the time of the offense. To some extent, modern crime-control theory sometimes prompts code drafters to look at circumstances beyond the offense itself, such as prior criminal record, on the grounds that …

A Tale Of Two Sciences, Erin Murphy

Michigan Law Review

It was the best of times, it was the worst of times . .. . So might one describe the contrasting portraits of DNA's ascension in the criminal justice system that are drawn in David Kaye's The Double Helix and the Law of Evidence and Sheldon Krimsky and Tania Simoncelli's Genetic Justice: DNA Data Banks, Criminal Investigations, and Civil Liberties. For Kaye, the double helix stands as the icon of twenty-first-century achievement, a science menaced primarily by the dolts (lawyers, judges, and the occasional analyst) who misuse it. For Krimsky and Simoncelli, DNA is a seductive forensic tool that is …

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.