Legal Studies Commons^™

Racial Differences In Perceptions Of Sanction Severity, Sarah L. Franklin

USF Tampa Graduate Theses and Dissertations

Research has consistently found an association between race and relative perceptions of incarceration severity. Black people view incarceration as less severe than an equivalent period of probation. However, few studies have examined why this relationship exists. The present study surveys a large sample of young adults to examine whether the observed relationship between race and incarceration severity can be replicated. In doing so, the study then considers whether constructs related to socioeconomic status, criminal system experiences, perceptions of legitimacy, and sanction attitudes explain the racial divide. Results indicate a significant relationship between race and incarceration severity, such that Black people, …

Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough

Qualitative Criminology (QC)

While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …

The Lasting Impact Of Deinstitutionalization: Policing And The Mental Health Crisis, Ruqayyah Sorathia

Themis: Research Journal of Justice Studies and Forensic Science

Society is combating the detrimental effects of the deinstitutionalization policy, which transferred the treatment of mentally ill patients from state-run psychiatric hospitals to community-run psychiatric facilities. These patients frequently fall into relapses and are more likely to experience risky encounters with law enforcement officials who have no formal training in dealing with them. The paper analyzes the criminalization of mentally ill people, many with substance abuse and alcohol addictions, receiving treatment in jails and state prisons. Incarcerating people with mental illness, though reducing the homeless population from the street and disturbances faced by the public, still does not address the …

The Effects Of Incarceration On Depression And Anxiety In Juveniles, Melanie Alfonso

Honors Undergraduate Theses

Adolescents within the juvenile system suffer from a multitude of physical and mental health issues. Previous studies have linked incarceration to poor health in juveniles, but very few have been able to claim incarceration is the cause for the mental health issues found in incarcerated juveniles. Whether juveniles go into the system with pre-existing mental health disorders or not, still many factors are associated with the development of mental disorders while incarcerated. Based on what the field knows and does not know about the link between juvenile incarceration and mental health, the goal of this study was to determine if …

It Doesn’T Get Better With Time: The Effect Of Housing Insecurity On Rearrest In Polk And Palm Beach County, Quintin Williams

Dissertations

Housing insecurity is one of the main drivers of poverty and inequality in contemporary urban society. We know that this insecurity contributes to poor outcomes for the individuals experiencing it. We know less about how this housing insecurity impacts contact with the criminal justice system. Using event history analysis, this study assesses the effects of housing insecurity in Polk County Iowa and Palm Beach County Florida. Results confirm that housing insecurity increases the risk of being rearrested each day a person is without stable housing. These findings reveal that lack of access to safe, affordable, and stable housing not only …

Online Perceptions Of Panamanian Prisons And Incarcerated Persons: An Analysis Of Youtube User Comments, Mahaleth J. Sotelo

USF Tampa Graduate Theses and Dissertations

The purpose of this study is to explore and understand the frameworks in which prisons and incarcerated persons are discussed amongst commenters under YouTube videos displaying media on Panamanian prisons. The study incorporates a mixed methods approach by conducting a general content analysis of YouTuber comments to address themes within the discussion. Additionally, these themes were quantified and modeled using predictive variables collected such as number of comment likes, number of comment dislikes, and number of comment replies, alias type (screen name or name-like), presence of profile picture, and profile picture type. The themes found were 1) punitive, 2) justifying …

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, …

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 …

Policing And Mental Health: The Current Criminal Justice Approach To A Public Health Issue, Jacklyn Spatzer

Themis: Research Journal of Justice Studies and Forensic Science

One source of unrest in modern society is the traditional criminal justice approach towards mental health issues, made evident by public protests and media highlights of police brutality. While public perceptions of mental health issues evolve, law enforcement interactions show failures to implement nuanced avenues to protect people undergoing crises. This paper examines the relationship between law enforcement and public health issues to develop more efficient avenues than those currently in place. All involved parties experience negative consequences when police departments bear the responsibility for addressing public health issues. Lack of police training in mental health disturbances and scarcity of …

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.

U.S. Prisons And System Reform, Darian Reimels

English Department: Research for Change - Wicked Problems in Our World

Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …

Front End Justice: Diverting People Affected By Mental Illness From The Criminal Justice System, Ariel Esqueda, Kelliann Kutschke, Matthew Miller, Kayleigh Wendland

Master of Social Work Student Policy Advocacy Briefs

Many of the people caught up in the criminal justice system are non-violent offenders struggling with mental illness, which cannot and should not be addressed through incarceration. Our jails and prisons are ill-equipped to provide effective mental health services. Incarceration compounds the problem by contributing to increased psychological distress. We are relying on the criminal justice system to respond to mental illness, rather than investing fully in the spectrum of mental health care from prevention to recovery. Minnesota must invest in diverting people affected by mental illness away from the criminal justice system and into community-based treatment, services, and supports …

Criminal Mental Health, Tabitha Oliver

Senior Honors Theses

The purpose of this thesis is to assess and address the prevalence of mental health issues among incarcerated individuals in America. There are multiple internal and external contributing factors to the disproportionately high numbers of mentally ill inmates. Comparing the United States prison system with other countries such as Norway allows for possible paths to improving the mental health crisis that we are currently experiencing. This thesis looks at the principles and practices used in Norway's prisons as well as how they affect inmate's mental health. By comparing Norway's prison policies and design, this thesis will suggest changes in staff …

From Incarceration To Community: Criminal Justice Reform For People Affected By Mental Illness In Minnesota, Nancy Altmann, Paige Myrick

Master of Social Work Student Policy Advocacy Briefs

Minnesota needs a new pathway approach in supporting people affected by mental illness. It is time we stop the practice of criminalizing mental illness, reform the probation and supervision systems, expand Medicaid and MinnesotaCare access, and fully invest in supports for people reintegrating back to their families and communities. Let’s take the millions of dollars spent annually on incarceration and invest in supportive services for people affected by mental illness. This approach invests in the health, hope, safety, and justice for all Minnesotans.

Covid-19 In Correctional Settings: How Has The Covid-19 Pandemic Impacted Prison Policies And Conditions?, Marissa Tepper

Capstone Showcase

Due to the Coronavirus Disease 2019 (COVID-19), the public has been advised to isolate and quarantine from one another. These social distancing practices have also been applied to institutions such as schools, universities, businesses, and even prisons. Within prisons, officials have been working with the medical community to determine the best course of action to contain the spread of the virus. The current proposed policies for prisons to contain COVID-19 are decarceration or medical isolation. However, in the medical community, there is some concern with implementing medical isolation in prisons. Under supervision of the prison officials, medical isolation could become …

Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone

Theses & Dissertations

Private prisons were established as a possible solution to alleviate the serious overcrowding issue affecting prisons during the 1980’s. This thesis supports the reasoning behind why private prisons should be abolished as they did not deliver on the claims made in support of their existence but rather, reveals the multitude of negative repercussions when the financial interests of a few large and powerful private corporations override the basic safety and security of our prison system. The studies contained in this thesis attempt to reveal that the data meant to support private prisons is not only inadequate, but often, inaccurately depicted …

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli

Capstones

Jacob Rouse was 18 years old when he drove the getaway car that would define the rest of his life. He sat in his blue Ford Taurus, waiting to drive his three friends away from the scene of a robbery in Rochester, New York. Jacob was parked about a block away when one of his accomplices shot and killed 22-year-old Herschel Scriven, a local youth pastor and church organist.

He is now seeking clemency.

Caregivers’ Expectations, Reflected Appraisals, And Arrests Among Adolescents Who Experienced Parental Incarceration, Cynthia J. Najdowski, Melissa Noel

Psychology Faculty Scholarship

This research sought to identify a potential process by which intergenerational crime occurs, focusing on the effect of parental incarceration on adolescents’ subsequent arrests. We drew from Matsueda’s work on reflected appraisals as an explanatory mechanism for this effect. Thus, the present research examined whether caregivers’ and adolescents’ expectations for adolescents’ future incarceration sequentially mediated the effect of parental incarceration on adolescents’ actual arrest outcomes. Propensity score matching was used to examine this effect in a sample of 1,735 15- to 16-year-olds using NLSY97 data. Parental incarceration was positively related to caregivers’ expectations of adolescents’ future arrest. Moreover, caregivers’ expectations …

Keep Kids Out Of Prison: Community-Based Alternatives For Nonviolent Juvenile Offenders, Anessa L. Pennington

Intuition: The BYU Undergraduate Journal of Psychology

Abstract

While juvenile crime has dropped over the past 20 years, tens of thousands of juvenile offenders are still incarcerated around the country, many of whom are nonviolent offenders. Researchers have found that detention centers, sometimes indistinguishable from adult prisons, do little to reduce recidivism and rehabilitate the offender. Rather, detention brings about more adverse effects than it does benefits. If incarceration isn’t working, how are the United States and other countries to deal with and deter juvenile crime? Community-based programs are a promising alternative to incarceration; instead of jumpsuits and cramped cells, community-based programs rely on community resources and …

Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe

Undergraduate Theses and Capstone Projects

Studies have shown that in the past fifteen years, the number of people jailed in the United States has sharply increased, thereby continuing the upward trend of incarceration that erupted in the 1980s. Jail populations are steadily increasing; yet, in the past fifteen years, the number of people convicted of crimes has stayed the same. The reason for this phenomenon: individuals are forced to remain in jail not because they are deemed a threat to public safety, but because they cannot afford the cost of bail. This system has drastically deviated from its original purposes and now destroys lives by …

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Covid-19: The Industrial Prison Complex And Black Bodies, Christian A. Rodriguez

Student Publications

COVID-19 has exposed a variety of issues and insecurities in our world since its eruption in 2020. While it is heavily discussed, debated and researched, much of the virus’ impact is not covered in communities and areas where marginalized bodies suffer disproportionately. One of the most undermined and blanketed populations in our country during the time of the pandemic (and for decades before) is the prison population, which has seen soaring cases and deaths since the virus first touched down in the states. Much of the prison population consist of black men and women and sadly mirror the same health …

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 …

The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy

Health Management and Policy Faculty Publications

Background: Over seven million imprisoned and jailed women are released into the community each year and many are ill-equipped to meet the challenges of re-integration. Upon release into their community, women are faced with uncertain barriers and challenges using community services to improve their health and well-being and reuniting with families. Few studies have identified and described the barriers of the community health delivery system (CHDS)- a complex set of social, justice, and healthcare organizations that provide community services aimed to improve the health and well-being (i.e. safety, health, the success of integration, and life satisfaction) of justice-involved women. We …

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 …

Assessing Columbia's Homeless Court, Andrew Wilson

Senior Theses

This report provides relevant background information on the state of homelessness in Columbia and describes the problems that criminal offenders who are homeless faced under traditional modes of correction. It then outlines the concept and history of the homeless court model and explains how these programs are intended to improve legal outcomes for individuals facing homelessness. The collection of perspectives from government and nonprofit stakeholders and homeless court participants brought together in the thesis form a qualitative framework for considering how successful the homeless court has been in accomplishing its goals and what opportunities exist for improving it. Additionally, this …

Global Pretrial Detention Use: A Cross-National Analysis, Martin Schönteich

Dissertations, Theses, and Capstone Projects

To better understand global pretrial detention patterns, this study explores economic, political, and social factors associated with two measures of pretrial detention: the number of pretrial detainees as a rate of the general population, and the number of pretrial detainees as a proportion of the overall prison population. Through simple correlation analysis, stepwise regression, and moderation analyses, the study identifies factors which are most strongly associated with the two pretrial detention measures. The literature does not report any large-scale cross-national studies on pretrial detention. This study addresses this gap, focusing exclusively on pretrial detention using a large cross-national sample of …