Legal Studies Commons^™

Lifting The Cloak: Preventive Detention As Punishment, Douglas Husak

San Diego Law Review

Most of the scholarly reaction to systems of preventive detention has been hostile. Negative judgments are especially prevalent among penal theorists who hold nonconsequentialist, retributivist rationales for criminal law and punishment. Surely their criticisms are warranted as long as we confine our focus to the existing systems of preventive detention that flagrantly disregard fundamental principles of legality and desert. Nonetheless, I believe that many of their more sweeping objections tend to rest too uncritically on doctrines of criminal theory that are not always supported by sound arguments even though they are widely accepted. I will contend that we cannot fully …

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

Prevention And Imminence, Pre-Punishment And Actuality, Gideon Yaffe

San Diego Law Review

In a variety of circumstances, it is justified to harm persons, or deprive them of liberty, in order to prevent them from doing something objectionable. We see this in interactions between individuals--think of self-defense or defense of others--and we see it in large-scale interactions among groups--think of preemptive measures taken by countries against conspiring terrorists, plotting dictators, or ambitious nations. We can argue, of course, about the details. Under exactly what conditions is it justified to inflict harm or deprive someone of liberty for reasons of prevention? But in having such arguments we agree on the fundamental idea: there are …

A Punitive Precondition For Preventive Detention: Lost Status As A Foundation For A Lost Immunity, Alec Walen

San Diego Law Review

This Article argues that the presumption that an actor will be law-abiding, like the right to liberty itself, can be forfeited by criminal actions. In other words, the point is to argue that a just punishment could involve loss of the status of being a beneficiary of this presumption just as much as it could involve the loss of liberty.

In Part II, I introduce a basic framework for detention consistent with respect for autonomy and locate the lost status view within that framework. In Part III, I spell out the lost status view in more detail and contrast it …

Inchoate Crimes At The Prevention/Punishment Divide, Kimberly Kessler Ferzan

San Diego Law Review

In this Article, I argue that inchoate crimes are best dealt with under a preventive regime. Part II argues that inchoate crimes and preparatory offenses are primarily aimed at preventing a harm and not at punishing those who deserve it. It also revisits concerns with punishing incomplete attempts that Larry Alexander and I have voiced previously. Part III considers Alec Walen's recent proposal to combat terrorism through the criminalization of threats as an inchoate offense. It also addresses general concerns with Walen's proposal and claims that Walen does not resolve the problems with inchoate criminality set forth in Part II. …

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

San Diego Law Review

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are often not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Publications

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …

Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Officer-involved domestic violence is a problem that should concern researchers, policymakers, the policing community, and the general public. Yet there is very little research in the area and no official data is available to discern the nature and prevalence of domestic violence in police families. Victims are reluctant to report officer-involved domestic violence and often feel helpless in the criminal justice system where the abuser is employed. This is complicated by provisions of the Lautenberg Amendment of 1996 which prohibit anyone convicted of a crime of domestic violence from carrying a firearm. This study explores 324 cases of state and …

Feminist Advocacy In Community Based Responses To Domestic Violence: Gendered Identity, Ideology And Practices, Andrea J. Nichols

Dissertations

The anti-domestic violence movement began as a feminist grassroots effort. Early feminist advocates relied on survivor-defined and social change practices rooted in feminist identity and ideology. Advocacy has evolved over time, moving from grassroots efforts into professionalized organizations, and now includes collaboration with the justice system in community based responses to domestic violence (CBR). Through inductive analysis of interviews with 26 domestic violence victim advocates and drawing from a gendered organizations framework, I examine how advocates’ feminist identity and ideology shape their practices in CBR. Findings indicate that advocates both resist and reproduce various gendered practices within traditionally feminist anti-domestic …

Substance Use Behavior Among Early-Adolescent Asian American Girls: The Impact Of Psychological And Family Factors, Lin Fang, Kevin Barnes-Ceeney, Steven Schinke

Criminal Justice Faculty Publications

Confronting developmental tasks and challenges associated with bridging two different cultures, Asian American adolescent girls face increasing risks for substance use. Identifying risk and protective factors in this population is essential, particularly when those factors can inform preventive programs. Guided by family interaction theory, the present cross-sectional study explored the associations of psychological and familial factors with use of alcohol, prescription drugs, and other drugs among early-adolescent Asian American girls. Between August 2007 and March 2008, 135 pairs of Asian American girls (mean age 13.21 years, SD = 0.90) and their mothers (mean age 39.86 years, SD = 6.99) were …

Explaining The "Female Victim Effect" In Capital Sentencing Decisions: A Case For Sex-Specific Models Of Capital Sentencing Research, Tara N. Richards

USF Tampa Graduate Theses and Dissertations

The potential influence of extralegal characteristics on the outcome of post-Furman capital cases (1972) has been a focus of criminal justice researchers and legal scholars. Much of this literature has assessed the impact of victim and defendant race on the likelihood of receiving the death penalty while a relatively underdeveloped body of research focuses on how victim sex may affect capital sentencing decisions. The present study uses focal concerns theory and the chivalry hypothesis to test the potential mediating effect of theoretical variables on the relationship between victim sex and juror capital sentence decision-making. In addition, it uses victim sex …

Summoning The Superheroes: Harnessing Science And Passion To Create A More Effective And Humane Response To Crime. President Travis' Keynote Address On The Future Of Crime Policy, At The National Press Club On October 11, 2011., Jeremy Travis

Publications and Research

No abstract provided.

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.

Advance, Winter 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project

Examining The Circular Relationship Between The Heroin Trade In Afghanistan And Afghan Insurgency Funding, Edward J. Kljunich

Regis University Student Publications (comprehensive collection)

The heroin trade is a vital part of the Afghan economy. The heroin trade in Afghanistan has represented 40% to 50% of the country's entire gross domestic product for the past 30 years. The aim of this study was to examine the heroin trade as a circular circuit. Disrupt or break the circuit and the heroin trade comes to a halt. A disruption in the drug trade is also a disruption for the insurgency since the majority of the insurgency's funding is generated by the heroin trade. Historically, there have been times when neighboring borders were closed, poppy crops failed, …

Effectiveness Of Therapeutic Communities: A Comparison Of Prison-Based And Community-Based Therapeutic Communities, Nicole R. Roybal

Regis University Student Publications (comprehensive collection)

This study was conducted to determine whether therapeutic communities can be used as a restorative justice policy to lower recidivism rates. Particularly, it investigated the effectiveness of two Colorado Residential Substance Abuse Treatment Therapeutic Communities (RSAT TC)as treatment to reduce recidivism for male inmates with substance abuse addiction. The first, the Crossroad to Freedom House Therapeutic Community at the Arrowhead Correction Center (ACC TC)is a prison-based program. The second, Peer 1 Therapeutic Community (Peer 1), is a community-based program. The object of this study was to examine these two Colorado therapeutic communities and whether or not they should be mandated …

Human Trafficking For The Purpose Of Sexual Exploitation Within The United States And Denver Colorado, Jennifer E. Templeton

Regis University Student Publications (comprehensive collection)

The topic of human trafficking is not a new concept to the majority of individuals involved in any aspect of criminology. Human trafficking for the purpose of sexual exploitation, including prostitution, is dramatically increasing in the number of incidents opened for investigation since 2000; the increased public interest in the various elements of the sex industry only add to this problem. Human trafficking within the United States (U.S.) is not a new concept however; diminutive amounts of research as a whole have been conducted in and around the Denver, Colorado metropolitan area. This research project aimed to answer: whether experts …

Crimes Committed By Tattooed Female Offenders And The Significance Of Body Art Content And Location, Megan Sullivan

Regis University Student Publications (comprehensive collection)

The body is a site of manipulation, mutilation, and decoration, evident through centuries of body marking and tattooing. There is a very compelling relationship between tattooed individuals and crime, and this descriptive study investigates the presence of tattoos amongst female offenders. Research analysis identified the relationship between tattoos and convicted female offenders, along with the significance of the content and location of the offenders' tattoos.

Risk Factors For Fraud In Elderly Americans, Antonia M. Jensen

Regis University Student Publications (comprehensive collection)

Americans over age 65 comprise approximately one eighth of our population, but about one third of scam victims. The risk of fraud in this population is of particular concern because it is increasing and the damage is greater; losses have been reported in billions of dollars, and elders typically cannot return to the work force to recoup their losses, which can amount to their life savings and even their independence. This project details the results of an unobtrusive research project consisting of a content analysis of more current literature to identify and examine risk factors of elder fraud.

Cj Times Volume 6, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

Wrongful Convictions And Punitiveness: Measuring Student's Attitudes On Erroneous Felony Convictions, Shayna Lancaster

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to better understand the attitudes towards wrongful convictions and levels of punitiveness among college students who may work in the criminal justice field in the future. It attempts to replicate Robert Ramsey and James Frank's 2007 study "Wrongful Conviction - Perceptions of Criminal Justice Professionals Regarding the Frequency of Wrongful Conviction and the Extent of System Errors." Instead of surveying criminal justice professionals, this study's sample is on-campus undergraduate classes in criminal justice and political science for the spring 2010 semester at Old Dominion University using a survey that operationalizes punitiveness with a series …

Problem Profiles Of At-Risk Youth In Two Service Programs: A Multigroup Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Lora M. Karas, Laura M. Gulledge, Paul Greenbaum, James Schmeidler, Ken C. Winters, Steven Belenko

Faculty Publications

Baseline data collected in two brief intervention projects (BI-Court and Truancy Project) were used to assess similarities and differences in subgroups of at-risk youth. Classifications of these subgroups were based on their psychosocial characteristics (e. g., substance use). Multigroup latent class analysis identified two BI-Court subgroups of youth and three truant subgroups. These classes can be viewed as differing along two dimensions, substance use involvement and emotional and behavioral issues. Equality tests of means across the latent classes for BI-Court and Truancy Project youths found significant differences that were consistent with their problem group classification. These findings highlight the importance …

Investigating Factors Associated With Burglary Crime Analysis Using Logistic Regression Modeling, Daniel Antolos

Doctoral Dissertations and Master's Theses

This study conducted a logistic regression to determine the relationship of factors associated with burglary to determine the variables necessary to predict criminal activity. Predictors utilized in the study; included time of day, day of week, connectors, barriers, and repeat victimization. These predictors were all incorporated to develop a model that would best predict burglary activity as it relates from a determine epicenter of activity. The predictors selected have all be shown, through research to be significant, characteristics of activity as they relate to burglary but have not been incorporated together to develop a significant model. The model compared the …

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Research

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …

Substance Use Among Asian American Adolescents: Perceptions Of Use And Preferences For Prevention Programming, Lin Fang, Kevin Barnes-Ceeney, Rebecca A. Lee, John Tao

Criminal Justice Faculty Publications

Rarely has substance use prevention programming targeted Asian-American adolescents. Using a focus group methodology, we explored perceptions of substance use and preferences for prevention programming among 31 Asian-American adolescents in New York City. Participants considered substance use common in the community. Factors contributing to substance use among Asian-American adolescents (e.g., peer pressure, pressure to achieve, family factors, and community influence) were identified, and the need for prevention programs tailored for the Asian-American community was highlighted. Participants discussed preferred program content, delivery settings, and recruitment and retention strategies. Despite the favorable attitude for family-based prevention programming, participants raised potential issues concerning …

Afraid To Cry Wolf: Human Rights Activists’ Conundrum To Define Narratives Of Justice And Truth In The Former Yugoslavia, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

Throughout the 1990s the state of Yugoslavia dissolved, ravaged by horrendous conflict. Since, several retributive and restorative mechanisms to cope with past atrocities have been attempted. In these processes social activists and civil society organizations have increasingly gained ground. Employing concepts of sociology of spaces, which focuses on the creation of spaces through action and the interdependence of action on spatial structures, I argue that activists move between different spaces constituted by narratives of justice and truth. Different NGOs across the region run trial monitoring and/or witness support programs—examples of activist involvement in legal spatiality.

School Resource Officer Programs: Implementation's Effect On Student Perceptions Of Safety, Stephen Clipper

Theses and Dissertations

School Resource Officer (SRO) Programs are a widely implemented community policing initiative in schools. The limited research on SRO Programs suggests that there are implementation differences between programs. This study explores the effect that implementation style has on program effectiveness as measured by student perceptions of safety as well as student reporting behaviors. This study found mixed results. Direct analyses revealed students who attend schools with community-oriented SRO programs feel slightly safer. Multi-level modeling was utilized to determine the effects that individual and school level variables have on perceptions of safety and on the ability of SRO programs to affect …

Liberated Voices: Juvenile Offenders’ Perceptions Of The Therapeutic Relationship, John S. Ryals

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Is Capital Punishment Just? Assessing The Death Penalty Using Justice Theory, Matthew Robinson

Journal of Theoretical and Philosophical Criminology

No abstract provided.