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Articles 481 - 510 of 739
Full-Text Articles in Criminal Law
Conceptualizing Social Recovery: Recovery Routes Of Methamphetamine Users, Miriam Boeri, David Gibson, Paul Boshears Europäische Universität Für Interdisziplinäre Studien (The European Graduate School)
Conceptualizing Social Recovery: Recovery Routes Of Methamphetamine Users, Miriam Boeri, David Gibson, Paul Boshears Europäische Universität Für Interdisziplinäre Studien (The European Graduate School)
Qualitative Criminology (QC)
"The goal of our qualitative study was to gain a phenomenological understanding of routes to recovery from problematic drug use. In-depth interviews and drug histories were collected from 50 former methamphetamine users recruited from a U.S. metropolitan suburb who identified as having had problematic use of this drug in the past. Transcripts of the audio-recorded interviews were coded for common themes regarding types of recovery strategies or tools employed on the route to recovery. The common strategies used in all routes for recovery from problematic methamphetamine use were social in nature and did not necessarily include the cessation of all …
Heith Copes & Mark R. Pogrebin (Eds.), Voices From Criminal Justice: Thinking And Reflecting On The System, Joshua B. Hill
Heith Copes & Mark R. Pogrebin (Eds.), Voices From Criminal Justice: Thinking And Reflecting On The System, Joshua B. Hill
Qualitative Criminology (QC)
"The introductory criminal justice “reader” is a difficult text to get right. The material should not be too advanced for the student (most likely a first-year undergraduate student) to understand, but also cannot oversimplify the topic and risk either insulting students or not conveying an appropriate sense of the complexity of the criminal justice system. Voices from Criminal Justice: Thinking and Reflecting on the System, a new compilation of readings published by Routledge and edited by Heith Copes and Mark Pogrebin, attempts to thread this needle in an interesting way by framing the book as a series of perspectives …
Examining The Death Penalty Insider Perspective: Capital Bench & Bar Interviews, Sherri Dioguardi
Examining The Death Penalty Insider Perspective: Capital Bench & Bar Interviews, Sherri Dioguardi
Qualitative Criminology (QC)
"This study conducted semi-structured interviews with 27 death penalty insiders (9 capital judges, 9 prosecutors and 9 defense attorneys) across three states. Prior research examined whether knowledge of capital punishment correlates with death penalty support (the Marshall Hypothesis). While prior research focused on opinions of laypeople, this study interviewed those with direct, hands-on experience to explore the knowledge-based, insider perspective. The majority (80%) of interviewee-respondents did not believe the death penalty is necessary in light of Life without the Possibility of Parole as an available sentencing option, and 62% did not support capital punishment. Qualitative data analysis reveals a wealth …
An Exploratory Examination Of A Prison Disciplinary Process: Assessing Staff And Prisoner’ Perceptions Of Fairness, Ann Marie Rocheleau
An Exploratory Examination Of A Prison Disciplinary Process: Assessing Staff And Prisoner’ Perceptions Of Fairness, Ann Marie Rocheleau
Qualitative Criminology (QC)
There has been scant research on how prison disciplinary processes work in comparison to the myriad of studies on individual, situational, and prison-level factors associated with prison misbehavior. This exploratory research delved into staff and prisoners’ perceptions of a prison system’s disciplinary process. Using in-depth interviews with 25 staff and 25 prisoners as well as direct observation of classification and disciplinary hearings, this research primarily focused on perceptions of fairness. It uncovered those features of the disciplinary process that prisoners and some staff assessed as problematic and unfair. These included: the nature, consistency, and investigation of disciplinary reports, the use …
Duran, Robert J., Gang Life In Two Cities: An Insider’S Journey, Robert Donald Weide
Duran, Robert J., Gang Life In Two Cities: An Insider’S Journey, Robert Donald Weide
Qualitative Criminology (QC)
"In his newly published book, former gang member and probation officer Robert J. Duran provides both a compelling comparative ethnography of gang life in two middle American cities, Denver, Colorado and Ogden, Utah, as well as a needed critical analysis of both the historical and contemporary roles of colonial oppression and law enforcement practices and policies that have contributed to the formation and perpetuation of gang identities in the barrios of those cities. Although neither cites the other’s work, I think it is fair to cast Duran’s book as a counterpart to Michelle Alexander’s celebrated work The New Jim Crow …
Howard S. Becker, Outsiders: Studies In The Sociology Of Deviance, Kenneth D. Tunnell
Howard S. Becker, Outsiders: Studies In The Sociology Of Deviance, Kenneth D. Tunnell
Qualitative Criminology (QC)
"While recently reviewing a manuscript submission for a sociology journal and noticing Becker’s (1963) appearance in the body of the text, I discovered, when skimming the references, that the citation read “The Outsiders.” I remember wondering just how familiar the authors may have been with Outsiders or if they had actually read it – given that they got the title wrong. After all, Outsiders has become one of those books that simply must be cited. And, with growing interest among younger scholars in field research, deviant groups, cultural criminology and inductive analysis, Outsiders has become symbolic of good work that …
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
University of Michigan Journal of Law Reform
The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it is …
Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To "Apprendi", Nancy J. King
Sentencing And Prior Convictions: The Past, The Future, And The End Of The Prior-Conviction Exception To "Apprendi", Nancy J. King
Vanderbilt Law School Faculty Publications
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat offender penalties fall short of punishment goals and contribute to the racially lopsided profile of punishment today; and critiques potential justifications for the prior conviction exception to the rule in Apprendi v. New Jersey, arguing that the exception should be abandoned. The article summarizes empirical research testing the relationship between prior convictions and examining the efficacy of repeat offender sentences in reducing recidivism; collects commentary on the use …
Lessons From Inquisitorialism, Christopher Slobogin
Lessons From Inquisitorialism, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and wrongful sentences. Empirical evidence suggests that a hybrid inquisitorial regime would be better than the American-style adversarial system at reducing these erroneous results. This paper proposes the integration of three inquisitorial mechanisms into the American trial process, judicial control over the adjudication process, non-adversarial treatment of experts, and required unsworn testimony by the defendant and defends the proposals against constitutional and practical challenges. While other scholars have suggested borrowing from overseas, these three proposals have yet to be presented …
Criminal Justice In Indian Country, M. Alexander Pearl
Criminal Justice In Indian Country, M. Alexander Pearl
Faculty Publications
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Articles
This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …
Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern
Correcting Criminal Justice Through Collective Experience Rigorously Examined, James S. Liebman, David Mattern
Faculty Scholarship
Federal and state law confers broad discretion on courts to administer the criminal laws, impose powerful penalties, and leave serious criminal behavior unpunished. Each time an appellate court reviews a criminal verdict, it performs an important systemic function of regulating the exercise of that power. Trial courts do the same when, for example, they admit or exclude evidence generated by government investigators. For decades, judicial decisions of this sort have been guided by case law made during the Supreme Court's Criminal Procedure Revolution of the 1960s and 1970s. It is becoming increasingly clear, however, that the rule-bound, essentially bureaucratic regulatory …
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Articles, Book Chapters, & Popular Press
Women are disappearing. Sixty-nine of them disappeared from the Downtown Eastside of Vancouver between 1997 and 2002. Northern communities in British Columbia believe that more than 40 women have gone missing from the Highway of Tears in the past thirty years. The endangered do not come from every walk of life. Most of these women are Aboriginal. Many of them are poor. To be more precise then, poor women and Aboriginal women are disappearing. Aboriginal women in particular are the targets of an irrefutable epidemic of violence in Canada today. Robert Pickton is thought to have murdered almost 50 of …
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel R. Gross, Barbara O'Brien, Chen Hu, Edward H. Kennedy
Rate Of False Conviction Of Criminal Defendants Who Are Sentenced To Death, Samuel R. Gross, Barbara O'Brien, Chen Hu, Edward H. Kennedy
Articles
The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. There is no systematic method to determine the accuracy of a criminal conviction; if there were, these errors would not occur in the first place. As a result, very few false convictions are ever discovered, and those that are discovered are not representative of the group as a whole. In the United States, however, a high proportion of false convictions that do come to light and produce exonerations are concentrated among the tiny minority of cases in which defendants are sentenced to …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
Editorial, Willard M. Oliver
Editorial, Willard M. Oliver
Qualitative Criminology (QC)
"In light of this being the second issue of the new journal and the last issue of Volume 1, I have many people to thank for making this issue – this volume – this journal – a reality."
Eugene Debs, Walls & Bars: Prisons & Prison Life In The “Land Of The Free”, Edward L. W. Green
Eugene Debs, Walls & Bars: Prisons & Prison Life In The “Land Of The Free”, Edward L. W. Green
Qualitative Criminology (QC)
"This piece reviews a largely overlooked account of prison experience written by Eugene V. Debs, concerning observations of prisons around the turn of the 20th century in the US. The book Walls and Bars: Prisons & Prison Life in the “Land of the Free” contributes many insights consistent with contemporary knowledge for criminology and criminal justice. It is not, however, without notable limitations. The subject-position of this account is clearly political and biased in a Protestant brand of morality and humanism. Debs expresses himself substantively throughout the book between the polemics of the sacred and the profane, although not in …
Building Grounds For Release: Women’S Perceptions Of A Community Corrections Program, Andrea Cantora
Building Grounds For Release: Women’S Perceptions Of A Community Corrections Program, Andrea Cantora
Qualitative Criminology (QC)
"Few studies have examined the role halfway houses play in helping women navigate the transition from prison to community. To add to this research, my article explores the perceptions and experiences of women residing at a New Jersey female halfway house upon their release from prison. In-depth qualitative interviews with 33 women that I conducted were analyzed to understand the prison to halfway house transition. The study aims to answer the following questions: How does the halfway house help and/or hinder the reentry process? How do women perceive the halfway house during this transitional phase? The results of my research …
John Irwin, Lifers: Seeking Redemption In Prison, Brian P. Schaefer
John Irwin, Lifers: Seeking Redemption In Prison, Brian P. Schaefer
Qualitative Criminology (QC)
"The late John Irwin had a distinguished career researching the realities of American prisons and the associated cultures and norms that develop within these institutions. His legacy of research challenged widely held beliefs about the nature of imprisonment and reentry and introduced us to new frameworks to understand the prison industry. Along with famous works such as The Felon (1970), The Jail (1985), and The Warehouse Prison (2004), Irwin was instrumental in introducing Convict Criminology to academe, giving a voice to those who experienced the pains of imprisonment. In his final book, Lifers: Seeking Redemption in Prison (2009), Irwin once …
“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello
“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello
Qualitative Criminology (QC)
"Criminology has documented the decline of rehabilitation in the age of get-tough approaches to crime and punishment. Therapy and punishment, however, are not mutually exclusive. Rehabilitation and traditional punishment have long co-existed in penal facilities. In this article, I examine the role of rehabilitation at Northeast Jail, a county jail in the U.S. that adhered to an ideology of rehabilitation. But Northeast Jail was, first and foremost, a penal facility where offenders were confined and punished. While staff and administrators at Northeast Jail routinely invoked a rhetoric of rehabilitation, they adhered to rules and engaged in punitive practices that interfered …
African American Perceptions Of Police Misconduct And Accountability, Ronald Weitzer, Rod K. Brunson
African American Perceptions Of Police Misconduct And Accountability, Ronald Weitzer, Rod K. Brunson
Qualitative Criminology (QC)
"This article examines city residents’ reported experiences with and perceptions of various forms of police misconduct as well as their perspectives on two types of accountability mechanisms: internal and external to the police department. The data are derived from in-depth interviews with adult African American residents of the city. Our findings highlight the complexities involved in establishing credible citizen-led review boards, particularly in the types of cities such as the one examined here, East St. Louis. Survey research reveals that a majority of the public supports the principle of external oversight, but this general support may be diluted in settings …
Sex Offenders And Campus-Based Sex Offender Registration: Stigma, Vulnerability, Isolation, And The Classroom As Refuge, Richard Tewksbury
Sex Offenders And Campus-Based Sex Offender Registration: Stigma, Vulnerability, Isolation, And The Classroom As Refuge, Richard Tewksbury
Qualitative Criminology (QC)
"Inclusion on the sex offender registration list is well known to produce stigma, collateral consequences, stress, and feelings of vulnerability for offenders. In addition to state-based registries, a number of institution-specific registries are beginning to appear, including those on college campuses. By using in-depth interviews with a sample of sex offenders listed on a campus-specific sex offender registry, this study explores the experiences resulting from this label. Findings highlight the feeling of vulnerability listing imposes, as well as self-isolating efforts designed to manage the possibility of identification, exposure, and confrontation. The interactional limitations, as well as the unintended consequence of …
“Hidden In Plain Sight”: Locating The Men And Women Of The 1954 Boston Special Youth Program, Richard K. Moule Jr., Scott H. Decker
“Hidden In Plain Sight”: Locating The Men And Women Of The 1954 Boston Special Youth Program, Richard K. Moule Jr., Scott H. Decker
Qualitative Criminology (QC)
"The growing prevalence of longitudinal research in the social sciences, coupled with technological advances, provide new opportunities for researchers to more readily find participants from earlier studies. In addition, these advances necessitate the development of new strategies and methodologies for locating and building rapport with respondents. Drawing on previous methods of subject identification and location, this paper examines techniques for locating and interviewing former gang members from the 1954-1957 Special Youth Program in Roxbury, MA. In contrast to most longitudinal studies, (1) more than 50 years have passed since the original study with no contact with respondents in the interim, …
Motivation To Reduce Risk Behaviors While In Prison: Qualitative Analysis Of Interviews With Current And Formerly Incarcerated Women, Neetu Abad, Monique Carry, Jeffrey H. Herbst, Catherine I. Fogel
Motivation To Reduce Risk Behaviors While In Prison: Qualitative Analysis Of Interviews With Current And Formerly Incarcerated Women, Neetu Abad, Monique Carry, Jeffrey H. Herbst, Catherine I. Fogel
Qualitative Criminology (QC)
"Prison is an environment in which programs can be implemented to change harmful behaviors among high-risk populations. Incarcerated women experience high rates of HIV and other sexually transmitted diseases (STDs), yet little research has examined women’s motivation to reduce risky behaviors during incarceration. In-depth individual interviews were conducted with former and current women prisoners in two North Carolina correctional facilities and analyzed to identify barriers and facilitators of behavior change while in prison. Analyses revealed key motivators of behavior change: Viewing prison as a place to recover from past trauma, removing oneself from negative social networks, gaining access to needed …
Miriam Boeri, Women On Ice: Methamphetamine Use Among Suburban Women, Karen Mcelrath
Miriam Boeri, Women On Ice: Methamphetamine Use Among Suburban Women, Karen Mcelrath
Qualitative Criminology (QC)
"Some readers fail to read the preface to a book, eager to step inside the chapters. I began with the preface to Women on Ice and then returned to it after I had read the book in its entirety. The preface provides the reader with a brief but important snapshot of Miriam Boeri as an author and one whose family, like so many others, has experienced addiction. These life events shaped her interest in studying people who experience problems with psychoactive drug use. Moreover, authors who share this kind of “private trouble” help to de-stigmatize drug addiction (see also, the …
Barrett, C.J., Courting Kids: Inside An Experimental Youth Court, Avi Brisman
Barrett, C.J., Courting Kids: Inside An Experimental Youth Court, Avi Brisman
Qualitative Criminology (QC)
"In the late 1980s and early 1990s, the United States witnessed a small increase in youth violence, particularly a rise in gun violence among young African-American urban males. This spike in gun violence was localized and primarily linked to turmoil surrounding the introduction of crack cocaine into many cities around the country—metropolitan areas that were already experiencing crushing economic pressures, unemployment, and decaying neighborhoods. There was no evidence of an overall nationwide surge in “youth crime” or “juvenile crime”—terms that became conflated with serious “youth violence,” which, in turn, became code for “dangerous young black or brown men.” Despite this …
Ronald Weitzer, Legalizing Prostitution: From Illicit Vice To Lawful Business, Tammy Castle
Ronald Weitzer, Legalizing Prostitution: From Illicit Vice To Lawful Business, Tammy Castle
Qualitative Criminology (QC)
"Dr. Ronald Weitzer is considered an expert on the sex industry, having studied prostitution for over a decade. In his latest book, Legalizing Prostitution: From Illicit Vice to Lawful Business, Weitzer provides a comprehensive examination of the myriad dimensions of sex work by drawing on both past research and his own ethnographic field work. Not only does he shatter prostitution myths by using empirical data, but also offers an alternative paradigm for understanding sex work that is theoretically grounded. In addition, he casts a critical eye on prostitution policies in the United States and proposes a “best practices” approach …
Stephanie C. Kane, Where Rivers Meet The Sea: The Political Ecology Of Water, Ashley K. Farmer
Stephanie C. Kane, Where Rivers Meet The Sea: The Political Ecology Of Water, Ashley K. Farmer
Qualitative Criminology (QC)
"Where Rivers Meet the Sea aims to explore how human beings have somehow created an environment that threatens the life-sustaining water systems that are such a natural, and perhaps taken for granted, part of their communities. Exploring rich cultural and historical contexts within two strikingly different South American neighborhoods, Stephanie C. Kane delves into how communities situated along bodies of water interact with and affect the human-water relationship. She pays particular attention to how culture, art, and race are intertwined with politics, crime, and governance."
Forced To Learn: Community-Based Correctional Education, Ron Mottern, C. Amelia Davis, Mary F. Ziegler
Forced To Learn: Community-Based Correctional Education, Ron Mottern, C. Amelia Davis, Mary F. Ziegler
Qualitative Criminology (QC)
"Community-based correctional education has received scant attention in adult literacy research yet mandatory education is a growing part of the legal system and is fueled by research that suggests a link between correctional education and lower rates of recidivism. Growth in alternative to prison programs affects local ABE and GED programs. Adults who attend community-based correctional programs as a condition of their probation or parole face many challenges. The purpose of this existential-phenomenological study was to understand the experience of those adults. Findings describe students’ experiences of being forced to attend a GED program. Opening a space for these stories …
Jamie J. Fader, Falling Back: Incarceration And Transitions To Adulthood Among Urban Youth, Kallee Spooner
Jamie J. Fader, Falling Back: Incarceration And Transitions To Adulthood Among Urban Youth, Kallee Spooner
Qualitative Criminology (QC)
"In her first book, Jamie J. Fader presents an account of a group of young black males attempting to “fall back,” or stay out of trouble, as they return from a juvenile residential corrections facility to their communities in Philadelphia. Prior to the study, Fader spent six years evaluating delinquency programs for the city of Philadelphia and over a year working at a communitybased aftercare program that assisted youth returning to the city from reform schools. Fader gained access and insight to the structure and processes of the juvenile court system, which facilitated her research."