Law Commons^™

Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez

Global Honors Theses

Despite the belief that our justice system holds people “innocent until proven guilty,” for those who are unable to pay for their freedom from pretrial detention, they find the opposite to be true. The cash bail system in this country allows people to pay a court-determined fee to be released from jail after arrest while they wait for their trial. But as this paper demonstrates, the cash bail system as it currently stands in Washington State criminalizes poverty and simultaneously exacerbates racial inequities. Under this system, accused individuals who cannot afford bail, as well as their families, face extreme social …

When A Woman Goes To Jail, Renee Onque, Emily Nadal

Capstones

The United States holds 30% of the world’s incarcerated women and the laws protecting their specific needs while in the prison system differ by state. New York, Minnesota and Alabama are introducing innovative ways to improve the birthing experiences of women who are incarcerated. From programs that allow mothers to send their breast milk on dry ice to their babies to nurseries within prisons that allow babies to live with their moms for up to a year, these states are pushing for progressive changes for mothers in the system. https://reneeonque.github.io/capstone/

A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson

Honors Theses

Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …

When Clemency Is A Lifeline, Shehzil Zahid

Capstones

In 1982, Yohannes Johnson was convicted for the murder of Errol Blackwood. He has spent the last 40 years behind bars and today, he is seeking clemency. This is a profile on potential clemency recipient Yohannes Johnson.

Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué

Dissertations, Theses, and Capstone Projects

Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

To Keep That Bond: Navigating Black Motherhood Under A Parental State, Anaisa T. Tenuta

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.

Supporting Intervention For Adolescents Of Incarcerated Parents In Rural Areas, Jeanette Kathleen Loudy

Walden Dissertations and Doctoral Studies

This study was focused on the challenges experienced by children who had a parent incarcerated during their adolescence. The purpose of this qualitative phenomenological study was to explore the lived experiences of adult child survivors of parental incarceration in a rural community and to describe the impact that parental incarceration had on children during adolescence and into young adulthood. The research questions were designed to examine the perceived challenges facing adult children of parental incarceration in rural areas and policy intervention programs that would be most effective at supporting children of parental incarceration during adolescence and the transition into adulthood. …

Getting Out: Bruce Bryant’S Climb To Redemption Inside Prison, Rachel M. Rippetoe, Sean Sanders-Mills

Capstones

Bruce Bryant, 50, was convicted of the murder of 11-year-old Travis Lilley in June 1996. Bryant maintains he never fired a weapon that day in 1993. But he recognizes that his lifestyle as a young person — he started dealing drugs when he was 14 — contributed to an environment in which a stray bullet could take a young life. And for that reason, he’s spent most of his 25 years in prison working to help young people.

With at least 12 more years on his sentence, Bryant is now asking the governor for early release, with the hope that …

Clemency Gives A Renewed Sense Of Hope To A Man Incarcerated For 39 Years, Annie Todd, Stephanie Chukwuma

Capstones

Paul Clark has spent the past 39 years incarcerated in New York prisons. He was 19 when he first went inside because he murdered a 17-year-old at an East Flatbush summer block party. A few years later, 25 years was added to his sentence for a crime he says he never committed. He's asked Governor Andrew Cuomo for clemency in 2019.

https://medium.com/@annietodd203/clemency-gives-renewed-sense-of-hope-to-man-incarcerated-for-39-years-44a8ee58db2e

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of …

Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung

History

Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …

Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage

All Master's Theses

Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …

An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne

Scripps Senior Theses

Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …

Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer

Theses and Dissertations

California passed Proposition 47 by vote and changed the way the state punishes drug and theft. I find an increase in crime using a difference in differences model by computing the change in thefts with the change in inmates. This effect sides with anecdotal claims and disagrees with empirical studies.

The Lived Experiences Of African American Noncustodial Fathers In Tennessee, Anovia L. Slaughter

Walden Dissertations and Doctoral Studies

There is a disproportionate number of African American fathers in the State of Tennessee that experience parenting and child support disparities when compared to single parents of other ethnicities. The purpose of this general qualitative study was to examine the experiences of African American noncustodial fathers and to examine the impact of the codification of Tennessee family laws. The theoretical frameworks for this study were critical race theory, and social construction and policy design. The key research questions examined the lived experiences of African American noncustodial fathers in the State of Tennessee and how the codification of Tennessee family laws …

The Impact Of Incarceration And Societal Reintegration On Mental Health, Veronica Wicks

Electronic Theses, Projects, and Dissertations

The purpose of this study was to examine ex-offender’s beliefs on the impact of incarceration and societal reintegration on mental health. The study is a qualitative design using interviews that were audio recorded and transcribed for analysis. The study sought to address the relationship between perceptions of mental health and experiences of incarceration and reintegration among formerly incarcerated individuals. The following themes emerged from participant responses: incarceration challenges, mental health stigma, and rehabilitation service accessibility. The findings of this study may contribute to social work practice by providing awareness to the factors impacting ex-offenders’ mental health and interventions needed. The …

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak

Scripps Senior Theses

This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is relational and interdependent, …

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug …