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Full-Text Articles in Law

Arrests As Guilt, Anna Roberts Jan 2019

Arrests As Guilt, Anna Roberts

Faculty Articles

An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually and legally distinct—frequently seem to be fused together. This fusion appears in many of the consequences of arrest, including the use of arrest in assessing “risk,” in calculating “recidivism,” and in identifying “offenders.” An examination of this fusion elucidates obstacles to key aspects of criminal justice reform. Efforts at reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences …


The “Uncanny Valley” And The Verisimilitude Of Sexual Offenders–Part I: An “Ethorobotic” Perspective, Michael T. Flannery Jan 2019

The “Uncanny Valley” And The Verisimilitude Of Sexual Offenders–Part I: An “Ethorobotic” Perspective, Michael T. Flannery

Faculty Scholarship

No abstract provided.


The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton Jan 2019

The Effects Of Holistic Defense On Criminal Justice Outcomes, James Anderson, Maya Buenaventura, Paul Heaton

All Faculty Scholarship

No abstract provided.


Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets Jan 2019

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …


Risk Management For Persons With Serious Mental Illness: A Process Analysis Of Washington State Department Of Corrections' Tools, Martin J. Tobin Jan 2019

Risk Management For Persons With Serious Mental Illness: A Process Analysis Of Washington State Department Of Corrections' Tools, Martin J. Tobin

Antioch University Full-Text Dissertations & Theses

Although many evidence-based techniques are outlined in the literature, systems often assess, plan, and mitigate risk for Persons with Serious Mental Illness (PSMI) in significantly divergent ways. For more than 20 years now, the Washington State Department of Corrections has relied on the Offender Reentry Community Safety Program (ORCSP) to appraise dangerousness and presence of mental disorder, utilizing a staged process that considers a wide-ranging set of criminogenic and non-criminogenic variables. A growing body of research suggests that the ORCSP is effectively decreasing recidivism through collaborative reentry planning and mitigation between mental health and criminal justice professionals; however, whether ORCSP …