Criminology and Criminal Justice Commons^™

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears

David C. Brown

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.

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 …

Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall

HIM 1990-2015

As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed …

From Juvenile Court To The Adult Criminal Justice System: An Examination Of Judicial Waiver, Sheri Lu Jenkins Cruz

Dissertations

This project was concerned with how extra legal factors impact juvenile court judge‟s decisions to waive juveniles to the adult criminal court. This study had both a general and a specific purpose. Generally, it sought to identify and examine the perceptions of juvenile court judges regarding judicial waiver based on previous positions held and on the state in which the juvenile judge resides. Specifically, this study sought to examine the relationship between individual characteristics of juvenile court judges and their perceptions regarding judicial waiver. Based on the research questions, ten hypotheses were developed and tested. The population for this study …

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. …

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, …

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 …

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 …

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 …

A Content Analysis Of Statutory Grounds For Involuntary Termination Of Parental Rights: The Impacts And Susceptibility Of Incarcerated Mothers And Their Children, Holly Marie Duke

Master's Theses

As the myriad of complex circumstances surrounding incarceration and foster care debilitate the parent-child relationship, the likelihood of legal severance between an incarcerated parent and their child increases. Despite the nation’s mounting prison population over the last three decades, the growing interaction between the prison and foster care populations has received minimal attention in the literature. To date, the influence of the statutory grounds for involuntary termination of parental rights on the legal severance between incarcerated parents and their children has been largely ignored. The purpose of this research is to determine the susceptibility of incarcerated parents to the involuntary …

State Super-Maximum Security Policies: An Examination Of Admission Characteristics, Classification Reviews, Mental Health Amenities, And Inmate Privileges, Harry Daniel Butler

Master's Theses

Super-maximum security prisons have flourished within a political environment that endorses tougher criminal sanctions. This punitive evolution has created new problems for correctional agencies attempting to control the “worst of the worst” inmates. Federal courts and researchers have examined the detrimental effects supermax isolation has on inmates’ mental health. This analysis examines forty-two state supermax policies to determine how states admit inmates to supermax custody, the classification review process, the management of inmates with mental illnesses, and the availability of privileges for supermax inmates. Drawing on the concept of the McDonaldization of Justice (Ritzer, 1993), particular attention is given to …

Structural Determinants Of Homicide: The Big Three, Maria Tcherni

Criminal Justice Faculty Publications

Building upon and expanding the previous research into structural determinants of homicide, particularly the work of Land, McCall and Cohen (1990), the current paper uses county-level data to disentangle three major influences on homicide rates: poverty, racial composition, and the disruption of family structure. Theoretical foundations of these influences are laid out, and the effects of the three factors on homicide rates are tested at two time periods as far removed from one another as possible: 1950-1960 and 1995-2005. All major variables typically used in homicide research are included as controls. The results of analyses show that the effects of …

Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien

Criminology and Criminal Justice Faculty Publications and Presentations

Since 1970 the percentage of women incarcerated in U.S. prisons has risen from nearly 3 percent to almost 7 percent—more than doubling in less than 40 years. This article examines explanations for this phenomenon—concentrating on two: Changes in the relative rates of arrest for females and males and sentencing reforms that were instituted during this period. The authors examine trends in female to male imprisonment rates from 1970 to 2008 across all fifty states using panel analysis. The only robust relationship they find is between the ratio of female to male incarceration rates and the ratio of female to male …

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

David E. Olson

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.

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 and Presentations

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 …

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Michael Pinard

This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.

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.

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

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

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

CJ Times (Newsletter)

No abstract provided.

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 …

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 …