Criminology and Criminal Justice Commons^™

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …

The Ring Of Gyges 2.0: How Anonymity Providing Behaviors Affect Willingness To Participate In Online Deviance, Cassandra E. Dodge

USF Tampa Graduate Theses and Dissertations

Anonymity has long been discussed as a source of disinhibition. The myth of the Ring of Gyges illustrates how a person may act immorally solely because they know they will not be caught (Plato, 375/2017). Incorporating perspectives of rational choice and deterrence, anonymity serves as a form of risk reduction within hedonistic calculus (Beccaria, 1764/1963; Bentham, 1781/2000). Analogous to the myth of the Ring of Gyges (Plato, 375/2017), techniques of anonymity “hide” users from others while online. These techniques serve as a form of risk reduction, reducing the certainty of punishment (Becarria 1764/1963). Additionally, there are many ways by which …

Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal

University Honors Theses

In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on …

Police Union Contracts And Impediments To Accountability: A Case Study Analysis Of Ppa Bargaining Agreements, Elizabeth Ott

University Honors Theses

Despite a growing widespread recognition that police unions represent a major component of policing and have major influences on aspects of policing such as disciplinary procedures, day-to-day management, and police-community relations, they have until recently been largely ignored by police scholars. In light of significant gaps in knowledge regarding police unions and the impacts that they have on law enforcement behavior and police accountability, this paper utilizes a case study approach to analyze all existing union contracts between the Portland Police Association (PPA) and the City of Portland in order to explore the prevalence of particular contract provisions that critics …

Morality And Offender Decision-Making: Testing The Empirical Relationship And Examining Methodological Implications, Jacquelyn Burckley

USF Tampa Graduate Theses and Dissertations

Rational Choice (RC) theory has become one of the most influential theories in criminology and social science with a wide body of empirical support indicating that offending is associated with anticipated costs and benefits. Although RC theory has been widely researched and supported, one area that is largely underemphasized in this theory’s discourse is morality. The present study draws on a sample of undergraduate students from a large southeastern university using a drinking and driving scenario to extend the RC literature theoretically and methodologically.

The theoretical results indicate that, consistent with prior literature, morality, certainty, and severity were directly, inversely …

When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend

University Honors Theses

In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …

Criminal Justice Update - June 2021, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

The Problem With Assumptions: Revisiting The Dark Figure Of Sexual Recidivism, Tamara Rice Lave, Jj Prescott, Grady Bridges

Law & Economics Working Papers

What is the actual rate of sexual recidivism given the well-known fact that many crimes go unreported? This is a difficult and important problem, and in The Dark Figure of Sexual Recidivism, Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimate[ing] actual recidivism rates given observed rates of reoffending” (p.172). In this article, we show that the math in their probabilistic model is flawed, but more important, we demonstrate that their conclusions follow ineluctably from their empirical assumptions and the unrepresentative empirical research they cite to benchmark their calculations. Scurich and John contend that …

To “Defund” The Police, Jessica M. Eaglin

Articles by Maurer Faculty

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black …

Further Evaluation Of The Associations Between Psychopathic Traits And Symptoms Of Ptsd And Depression In A Nonclinical Sample, Nicholas Kavish, Danielle Boisvert, Eric M. Cooke, Richard H. Lewis, Matthias Woeckener, Jessica Wells, Todd A. Armstrong

Criminal Justice Faculty Publications and Presentations

Examining psychopathic traits at the factor or facet level has revealed that various aspects of psychopathy may be differentially related, even in opposing directions, to important outcomes (e.g., intelligence, emotion regulation). Empirical work on relations between psychopathy and internalizing disorders, such as posttraumatic stress disorder (PTSD) and depression, has provided evidence for a positive association with antisocial traits. However, findings for the affective domain have been more equivocal. The current study (N = 732) sought to replicate past findings of the positive association of antisocial psychopathic traits with higher levels of PTSD and depressive symptoms, and to further explore …

Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang

Student Theses

The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …

Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, Jennifer T. Perillo, Anthony D. Perillo, Nikoleta Despodova, Margaret Bull Kovera

Publications and Research

Objective: The present research examined whether concurrent expert testimony (“hot tubbing”) and court appointed testimony reduced adversarial allegiance in clinical experts’ judgments compared with traditional adversarial expert testimony. Hypotheses: We predicted Hypothesis 1: Defense experts would render more not responsible judgments and lower ratings of criminal responsibility than would prosecution experts; Hypothesis 2: Adversarial allegiance effects on experts’ judgments would be heightened for adversarial experts and attenuated for concurrent experts over time; Hypothesis 3: Adversarial and concurrent experts would report higher dissonance than would court-appointed experts and adversarial experts’ ratings would increase over time, concurrent experts’ ratings would decrease, and …

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Disinhibition And Persistent Maladaptive Behavior, Angela T. West

Student Theses

Objective: There is an urgent need to reduce overpopulation in U.S. prisons, which are inundated with individuals needing substance use treatment. Research on both substance use and antisocial behaviors highlight maladaptive beliefs and behaviors, while also implicating disinhibition as an important factor. Disinhibition is a dynamic trait that can be targeted with therapeutic interventions. The current study explored the relationships between neurocognitive disinhibition, substance use, and recidivism among incarcerated men. The study hypothesized that disinhibition would be associated with history of substance use, history of antisocial behavior, and institutional misconduct, as well as predicting recidivism over and above history of …

Compilation Of Mentoring Programs In San Diego And Imperial Counties, Nohelia Ramos, Caitlyn Lauchner, Andrew Blum

Kroc IPJ Research and Resources

This document compiles information on mentoring programs in San Diego and Imperial Counties. The goal is to provide a clear picture what mentoring programs are being implemented and to give basic information about those programs as of June 2021.

The purpose of the document is three-fold. First, as a deliverable under the Project Safe Neighborhoods initiative (PSN), it is designed to provide basic information to the US Attorney’s Office and others involved in the PSN on the range of mentoring programs that exist. Mentoring programs have proven to be an effective program strategy for producing a range of positive youth …

Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis

Student Theses

Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …

Critical Thinking In Law Enforcement Training Academies: A Phenomenological Study Of Officer Experiences, Billy J. Spruill

Electronic Theses and Dissertations

Recently, law enforcement officer use of force incidents resulting in death has seemingly become more prevalent. Generally, the educational requirement for a law enforcement officer is a high school diploma or general education development degree. One must question if this requirement is sufficient for a law enforcement officer to be successful in a modern world as the law enforcement training academy may be the law enforcement officer’s only postsecondary education. Critical thinking is a needed skill identified by high-stress professions such as the military, nursing, and disaster management, yet there is limited study regarding critical thinking in law enforcement. The …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Book Review: Criminalizing Atrocity: The Global Spread Of Criminal Laws Against International Crimes, Verónica Michel

Genocide Studies and Prevention: An International Journal

Book review of the book Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes by Mark S. Berlin.

Identifying The Cost Of Preventable Chronic Disease In Prison: Can Illness Prevention Of Adults In Custody Save Money?, Molly Bineham

Dissertations and Theses

This study investigates the cost of preventable health problems and ailments when compared to other costs of incarceration. The purpose of this study is to examine the impact of imprisonment on the costliest chronic illness. The health of adults in custody related to the general population and the overall fiscal cost of the deadliest chronic illness among incarcerated adults is discussed. Linear regression is used to analyze the occurrence of heart disease and diabetes among adults in custody while controlling for other factors. The results of this analysis provide insight that chronic diseases like heart disease and diabetes should be …

Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance

Qualitative Criminology (QC)

"This study employs autoethnographic analysis of the author’s experiences in a mandatory police firearms training course in the United States. I first review relevant literature on firearms training as well as autoethnographic methodology. Afterward, I present my experiences and analyze them in the context of literature on police use of force, representative bureaucracy, and accountability. Based on this account, I offer suggestions for improving the course by integrating concepts from the literature on officer decision-making, community-police relations, and group dynamics. I conclude by recommending more course time be devoted to the decision to use force, rather than simple firearm proficiency."

Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould

Qualitative Criminology (QC)

"This study examines how and why people join, participate in, and leave White supremacist terrorist (WST) groups. In-depth life history interviews and biographic timelines of former White supremacists in the United States and Canada were collected. Findings indicate that former members’ decisions to engage and desist from WST groups are greatly influenced by their experiences of emotional support—or lack thereof. Participants lacked emotional support prior to joining WST and the emotional support they received from group membership was toxic. Participants exited WST because they experienced hate exhaustion and were willing to sacrifice all or most of their emotional support to …

Why Does An Ex-Offender Reoffend?, Jacob Rybak

Symposium of Student Scholars

What leads an offender to go back to prison? This researcher has lived in the Georgia State prison system for 3.5 years. Using personal insights as well as analytics, this researcher analyzes Iowa state’s six-year data set tracking recidivism of released offenders and recommends changes to the prison system to address the analytical findings.

The Iowa recidivism data set includes the following information for all offenders: age group, type of release (parole vs different discharges), release year, original offense, and whether they recidivated. For the recidivating offenders, the data set includes the days to return to prison, the type of …

“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt

Qualitative Criminology (QC)

"The Salafi-jihadist environment, which seeks to remain closed and clandestine, is extremely hard to access. Moreover, the milieu is gender segregated and hostile towards non-Muslims, even other Muslims who are not considered “real” Muslims. Depending on the researcher’s positionality this can either further complicate or facilitate accessing the milieu. Based on methodological experiences from ethnographic fieldwork (interviews and observations) in Denmark and Sweden, this article aims to unravel how researcher positionality influences different layers of access when investigating Salafi-jihadist environments. Acknowledging that gaining access is a continuous process throughout the entire research process, we specifically explore how our positions as …

Victims Of Crime, Kellie A. Parkin

The Mid-Southern Journal of Criminal Justice

An exploratory analysis of victims of crime, their rights in the criminal justice system, and the shortcomings of resources. The first section will highlight important milestones throughout the victim rights movement in history. After analyzing the research, it is clear the United States was behind in offering these rights to victims. The paper goes on to identify the lack of uniformity and lack of resources victims must endure. Lastly, the paper will offer a common counterargument to one very important right victim’s frequently practice, that is the right to be heard.

Improving Policing: Criticisms And Supports, Hannah M. Stephens

The Mid-Southern Journal of Criminal Justice

In today's society, there are many critical factors surrounding the profession of law enforcement. In the midst of allegations such as corruption, racism, and use of force, policing has lost its favor in the eyes of the public. By taking a closer look at these issues and the various ways of correcting their problems, perhaps true policing can once again be a source of effectiveness and pride in our criminal justice system. Traditional policing holds many values that have been lost. If our justice system and the public's trust in it is to be restored, education, various approaches to crime, …

Diversity In Criminal Justice Education, Cody Salvatore

The Mid-Southern Journal of Criminal Justice

The absence of a proper understanding of diversity feeds into an already poor relationship between the criminal justice system and marginalized communities who often harbor fear and resentment towards the criminal justice system. This can be linked to the overall lack of diversity courses within criminal justice curriculums, as the absence of these courses leads to a lessened quality of education for criminal justice professionals and distrust from marginalized communities. The LGBT community exemplifies this, and its history and current relationship with the criminal justice system are presented in this study. While criminal justice education is successful in its endeavors …

Nigeria's Plight: The Causes, Crimes, And Casualties Of Boko Haram, Brandi Dunfee

The Mid-Southern Journal of Criminal Justice

This paper provides a brief history of Boko Haram including one of the group’s infamous attacks, the Nigerian government’s response to the insurgency, and whether the group has succeeded in promoting their ideals. The group has a long history of condemning Western education and encouraging an Islamic state. Since Boko Haram has been active, they have displaced thousands of Nigerians from their homes, in some cases even kidnapping them. A large kidnapping of schoolgirls from a university is one of their most notorious terrorist acts. Their motives for the kidnappings were to enforce Islam nationwide and to free their members …

Examining The Quality Of Representation By Public Defenders Compared To Private Attorneys, Brianna M. Ovalle

The Mid-Southern Journal of Criminal Justice

The overwhelming majority of federal and state defendants are indigent, meaning counsel must be obtained on behalf of them. If public defenders were not made available for these types of defendants, the defendants could not afford representation on their own. Because limited options are available for indigent defendants, public defenders are often appointed to represent them. Due to the nature of public defenders, critics question public defender credibility and the quality of representation they offer. Studies have attempted to examine this very topic, and while the majority have found no differences between public defenders and private attorneys in terms of …