Legal Studies Commons^™

Valuation Of Ex-Offender Motivation For Participation In A Restorative Justice Praxis, Kenneth Lang

Walden Dissertations and Doctoral Studies

Restorative justice (RJ) is an emerging concept of justice in the American penal system that seeks equality for all stakeholders involved. While RJ is vastly under researched--especially concerning RJ and violent offenses--current studies have only focused on determining victims' motivations for participating in RJ. Determining and evaluating offender motivations for participating in RJ remains unexplored. The purpose of this study was to explore the possible motivations of criminal offenders and their willingness to participate in RJ. The social construction framework and the narrative policy framework were employed to understand the social context. A mixed-method approach was used that began with …

Psychological Characteristics Of Sex Offenders, Patrick Mcmunn

Walden Dissertations and Doctoral Studies

Current therapeutic treatment methods are ineffective in identifying at-risk sex offenders and reducing recidivism of known offenders, likely due to inadequate identification of specific traits of sex offenders. Previous research and prominent theories in the area of sex offender treatment, in terms of the biological foundation of substance abuse, behaviors of sex offenders, and the presence of aggression, helped to guide this research. Data about sex offenders were collected, as reported by mental health professionals who treat them and focused on three characteristics: maladaptive interpersonal behaviors, impulsivity, and antisocial behaviors, on which the research questions were formed to detect commonality. …

Psychosocial Differences In Far Right, Far Left, Islamic, And Single Issue Lone Extremists, Tamara Marie Lamontagne

Walden Dissertations and Doctoral Studies

Acts of lone extremism are on the rise, yet little is known about who commits these acts. Research in this area has failed to delineate by extremist subtype. This has led to the misconception these acts and actors present with such variance psychosocially that they cannot be predicted. The purpose of this research was to assess whether statistically significant relationships exist between lone extremist subtypes on the psychosocial variables of mental illness, substance use, and having radicalized friends or family members. The conceptual framework for this study was De La Corte's psychosocial principles of terrorism, which addressed the social and …

Individuals Who Sell Drugs Placed In Treatment: The Perspective Of Their Counselors, Natasha Herbert

Walden Dissertations and Doctoral Studies

Individuals who sell drugs are often mandated by legal forces to substance abuse treatment because of their criminal offenses and the belief they may have a drug problem. Previous researchers have noted this population may be disruptive in the treatment process, but it has not been explored in depth. The purpose of this phenomenological study was to learn the lived experiences of counselors who work with individuals who report a primary problem of selling drugs, not substance abuse, who are mandated to a substance abuse treatment program. Thirteen semi structured interviews were conducted with counselors who have worked with individuals …

Police Chiefs' Perceptions Of Supervisors' Membership In Subordinate Officers' Unions, Mark P. Derosia

Walden Dissertations and Doctoral Studies

Police supervisors who enjoy membership in their subordinates' police union may contribute to organizational discord by failing to enforce organizational policy among their subordinates. The purpose of this multiple case study was to examine the perceptions of 9 municipal chiefs from a west coast state in the United States regarding how supervisors' membership in their subordinates' police union affects policy enforcement and how supervisor enforcement of policy may impact police officer discipline. The conceptual framework was based on dual-commitment conflict theory. Data were collected using semi structured interviews and e-mail questionnaires. Data were member checked and cross-interpreted through coded analysis. …

How Crime Dramas Influence Perception Of Crime, Abby Hogan

Undergraduate Honors Thesis Collection

Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people’s views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including …

The Effects Of Social Media Use On The Perceptions Of Mental Illness Among College Students, Brea Fisher

Undergraduate Honors Thesis Collection

This study examined individuals’ use of and perceptions of social media networking sites (i.e. Facebook and Twitter) on their perceptions of mental illness. Previous studies have consistently found that media, by means of TV shows, movies, and news reports, depict distorted views of the mentally ill. Previous studies have also consistently found that these media depictions are related to increased stigma of mental illness and the mentally ill. This current study goes a step further by examining the role of social media networking sites on individual’s perceptions, since they are newer and more widely used forms of social media today. …

Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker

All Faculty Scholarship

Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.

Jail Administrators' Compliance With The Prison Rape Elimination Act, Leone M. Lee

Walden Dissertations and Doctoral Studies

Correctional institutions across the United States continue to experience prisoner sexual assault despite the enactment of the Prison Rape Elimination Act of 2003 (PREA). The purpose of this correlational study was to examine the association between jail administrators' difficulty complying with the PREA and their transformational leadership styles. The theories of punctuated equilibrium theory and general strain theory formed the theoretical framework of the study. The data were collected through an Internet-based survey from 22 local and regional jail administrators from the East Coast. Data analysis using Pearson's correlation coefficient was performed on leadership scores to test the hypotheses. There …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

Annual Report 2019, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in the 2018-2019 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as law …

Get Out Of My Driveway! Collins V. Virginia Protects Curtilage From Being Trampled By The Automobile Exception, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

In Collins v. Virginia (2018), the U.S. Supreme Court held that the automobile exception cannot justify a warrantless search of an automobile parked in a home’s curtilage because the automobile exception pertains solely to the search of the automobile, not to the intrusion upon the Fourth Amendment privacy interest in the home’s curtilage. After giving an overview of relevant Fourth Amendment jurisprudence concerning the curtilage doctrine and the automobile exception as well as the history of the exclusionary rule, this article examines the majority, concurring, and dissenting opinions in Collins and discusses the implications of this important decision. Collins …

Intelligence-Led Policing: Linking Local And State Policies To Establish A Comdefinition, Chad B. Prosser

Electronic Theses and Dissertations

This research project studied agencies within local and state levels through their official policies in order to establish a comdefinition of ILP while establishing themes that link the predominate policing methodologies together. A definition could not be generated based on the data analyzed. Despite this, three themes emerged that link ILP agencies to agencies that implement other policing philosophies: Intelligence, Community, and Analysis. The majority of agencies do not implement ILP; however, almost all of the agencies within the sample frame of this study acknowledge or implement certain portions of the ILP methodology making it a flexible alternative to implement …

Organizational Injustice And Police Misconduct: Predicting Organizational Defiance Among Police Officers, Paul Reynolds, Richard Helfers

Criminal Justice Faculty Publications and Presentations

Copious research supports the association between organizational justice and employee performance. This study utilizes organizational justice as a theoretical framework to predict self-reported police misconduct. In particular, this study builds upon recent work into police officers’ behavioral responses to perceived injustice by exploring the link between perceptions of overall organizational injustice and three forms of police defiance: 1) using departmental rules, policies, or laws against the administration when needed, 2) purposely undermining the administration’s goals, and 3) disregarding organizational policies and procedures. Data was collected using an online self-report survey distributed to a convenience sample of sworn police officers that …

Adult Justice In Nebraska 2019, Nebraska Center For Justice Research - University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas County) and …

Vocational & Life Skills Quarterly Report: Grant Cycle 3, Quarter 2 October-December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 2 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snap shot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service …

Vocational And Life Skills Monthly Data Update: January 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist

Political Science Theses and Capstones

Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of …

Violence Is As American As Cherry Pie: Mass Incarceration And Juvenile Violence, Stephen C. Stanko, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to offer “food for thought” regarding an under researched area of juvenile violence causation: the possible connection between steadily increasing incarceration rates and steadily increasing incidents of school violence. Unfortunately, the negative, and sometimes violent, traits individuals develop while incarcerated are often brought out into their lives in society and personal lives, which often involve the raising of children. Research has documented the impacts that being incarcerated can have upon an individual. There is growing research supporting that these newly developed traits and behaviors can easily be imbedded in the children in which they …

Marijuana Legalization And Traffic Fatalities Involving Cannabinoids, Mark Lewn Hake

Walden Dissertations and Doctoral Studies

Washington State and Colorado were the first states to legalize recreational marijuana. According to the Washington Traffic Safety Commission, the number of drivers who tested positive for marijuana in traffic fatalities increased 48% from 2013 to 2014, and marijuana legalization may have influenced this increase. Since marijuana legalization is new to the United States, the effects of this change in policy are untested in the literature. The purpose of this quantitative study using a regression point displacement design was to examine the relationship between traffic fatalities involving cannabinoids in Washington State before and after marijuana legalization. Rational choice theory and …

Reintegration Process Of Previously Incarcerated African American Women Older Than 50 Years, Eva Carol Brent

Walden Dissertations and Doctoral Studies

Successful reintegration of ex-offenders is difficult for most, evidenced by high recidivism rates. Ex-offenders face a broad range of obstacles once released from prison, including personal, social, and employment barriers. This study was an examination of the issues that contributed to a successful or unsuccessful reintegration as reported by ex-offenders. Participants included 10 ex-offenders who participated in interviews regarding the conditions that they believed were necessary for successful community reintegration. The conceptual framework for this study came from the ecological perspective, also known as the person-in-environment theory. Data collection involved one-on-one interviews with the participants. Data analysis was conducted through …

Survey Of U.S. Undergraduate Self-Reported Opioid Diversion And Heroin Use, Motives, Sources, And Collective Efficacy As Mediating Factors, Mark Francis Plaushin

Walden Dissertations and Doctoral Studies

Epic morbidity and mortality, and intractability make prescription opioid diversion a wicked problem. Meanwhile, college undergraduates are vulnerable to opioid misuse and its consequences. The purpose of this quantitative study was to assess U.S. undergraduate students' opioid misuse and the relationship between mediating factors. The study's theoretical framework rested on Wakeland's et al. opioid system model and Shaw and McKay's social disorganization theory. This study bridged the gap, measuring collective efficacy and testing its relationship to undergraduate decisions to regulate misuse. Thus, research questions focused on gauging the problem's scope and assessing relationships between factors that drive or potentially regulate …

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 …

The Ferguson Effect On Police Officers' Culture And Perceptions In Local Police Departments, Rarkimm K. Fields

Walden Dissertations and Doctoral Studies

The Ferguson effect is a recent hypothesis that suggests police officers have been influenced by negative media coverage of police conduct. The problem this study addressed is how policing continues to deal with perception, civil liability, and accountability issues related to police misconduct when interacting with Latino and African-American communities. The research was conducted to examine influence the Ferguson effect may have had on the culture and perceptions of police officers in local police departments. With a phenomenological qualitative approach, the research data were collected from interviews with 7 police officers across 3 police departments. The theoretical background of Merton's …

Al-Qaida, Boko Haram, And Isis: Tracking The Shift In Women’S Involvement, Anna Therese Beavers

Honors Theses

This paper discusses the shift in women’s roles in Islamic extremist groups over the last two decades. Focusing on three violent Sunni groups, al-Qaida, Boko Haram, and ISIS, the research aims to fill gaps in United States and global counterterrorism and reintegration efforts by providing a comprehensive, accurate, and timely assessment of the recent change in women’s roles in terrorist organizations, shifting from foundational to limited operational to fully operational. The shift occurred and continues to unfold as several moving parts have fallen into place to create this situation. Women’s desire to participate at a more operational level, the need …

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make bipartisan moves to implement …

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …

Prison Siting In Appalachia: Carceral Expansion, Neoliberalism, And Environmental Harm, Macey Logan Hall

Online Theses and Dissertations

Since 1991, 14 state and federal prisons have been built in Appalachia with a recent proposal for a federal prison to be constructed in Letcher County, KY. Contradicting the narrative that Appalachia remains separated from the national economy, the ills of carceral growth are apparent throughout the region. This study examines the proposal to build a federal prison in Letcher County, KY. The purpose of this study is to gain further insight into the impact that the carceral state, including its promise of economic development, has on environmental harm and land exploitation in the region. The proposed federal prison would …

Testing The Marshall Hypothesis: A Survey Among Justice And Safety College Students, Kimberly Alice Barrett

Online Theses and Dissertations

In his concurrence with the Supreme Court ruling in Furman v. Georgia (1972), Justice Thurgood Marshall postulated that levels of support for capital punishment are associated with the amount of knowledge about the death penalty process. He suggested that exposure to information about capital punishment produces sentiments in opposition to capital punishment except in instances for which support is based on retributive beliefs. These notions have become known as the Marshall Hypothesis and have been empirically tested among a variety of populations. The research presented in this thesis adds to that body of literature by testing these ideas among a …