Criminology Commons^™

Beyond Punishment: A Critical And Interpretive Phenomenology Of Accountability, Cameron Rasmussen

Dissertations, Theses, and Capstone Projects

State responses to interpersonal violence in the US have long been focused on punishment and prison. While opposition to punitive responses to interpersonal violence has been marginal, there are small but growing efforts to challenge the primacy of punishment and incarceration. In its place, different non-punitive approaches to justice have been practiced and promoted including restorative justice and transformative justice, which see accountability, not punishment, as a primary goal. Accountability has been theorized and researched largely from the perspective of survivors of harm, and there is limited research on the experiences of people who have caused harm and engaged in …

An Examination Of The Relationship Between Childhood Punishment And Adult Ipv, Anna G. Griffith

Honors College Theses

The goal of this project is to examine the relationship between childhood punishment and experiencing intimate partner violence (IPV) as an adult. Using an anonymous, self-report survey, students from Georgia Southern University were asked about their experiences with IPV, as well as their experiences of childhood punishment administered by both mother and father. The results show that children who receive corporal, verbal, and emotional punishment from their mother are more likely to experience all forms of IPV later in life. When analyzing the same relationships with fathers, corporal punishment is not associated with IPV while verbal and emotional punishment is.

Punishment By Another Name? The Welfare State’S Disciplinary Role In The United States And Britain, Kavya Padmanabhan

The Journal of Sociology & Social Welfare

Scholarship on the changing nature of the welfare state in both the United States and in Britain has revealed how the influence of neoliberal ideologies has heightened the experience of punishment for poor mothers. Through a comparative literature review on the welfare states in the United States and in Britain, this article builds upon prior research to consider how the welfare state’s contemporary focus on discipline may be the product of neo- liberalism and may encourage similarities across different contexts. Furthermore, this article considers how the welfare state’s different agencies may be united in their goals and treatment of poor …

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

Is Executive Function The Universal Acid?, Stephen J. Morse

All Faculty Scholarship

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains (MIT Press, 2018), which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables under investigation. The essay considers what executive function is and what the neuroscience adds to our …

Canine And Criminal Bias: The Relationship Between Stereotypes And Perceptions Of Punishment, Jamie I. Thomas

Graduate Research Theses & Dissertations

In this thesis I provide an analysis of punitive perceptions of animal crimes and argue that the lack of value seen in animal’s lives affects perceptions of punishment for animal crimes. Specifically, I examine the role of animal attitudes and race on perceptions of crimes against dogs and will address the following question with a vignette survey design: How do racial stereotypes interact with dog breed stereotypes when considering punishment for animal crime? This research expands on factors that influence perceptions of punishment of animal crime, including racial differences that may affect attitudes about animals. This study contributes to the …

Villains, Morality, And Redemption: A Content Analysis Of Children’S Movies, Iqra Ishaq

Senior Honors Projects

Research on children’s movies has yielded important findings on messaging about gender, race, ethnicity, sexuality, (dis)ability, mental illness, aging, and even death. All of this research has recognized the important role children’s movies play in children’s upbringing and informal education. Not only do children’s movies reflect the commonly-held values of the time, but they impart these values to their audience. Children, as the target audience of these movies, are extremely susceptible to absorbing these values and messages.

My research examines what messages children’s movies impart about villains. It includes a content-analysis of 80 full-length animated movies released by Disney, DreamWorks, …

In Fear We Trust: Anxious Political Rhetoric & The Politics Of Punishment, 1960s-80s, Stella Michelle Frank

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.

Crimmigration, Deportability And The Social Exclusion Of Noncitizen Immigrants, Shirley P. Leyro, Daniel L. Stageman

Publications and Research

The spread of crimmigration policies, practices, and rhetoric represents an economically rational strategy and has significant implications for the lived experience of noncitizen immigrants. This study draws up in-depth interviews of immigrants with a range of legal statuses to describe the mechanics through which immigrants internalize and respond to the fear of deportation, upon which crimmigration strategies rely. The fear of deportation and its behavioral effects extend beyond undocumented or criminally convicted immigrants, encompassing lawful permanent residents and naturalized citizens alike. This fear causes immigrants to refuse to use public services, endure labor exploitation, and avoid public spaces, resulting in …

The Punishment Marketplace: Competing For Capitalized Power In Locally Controlled Immigration Enforcement, Daniel L. Stageman

Publications and Research

Neoliberal economics play a significant role in US social organization, imposing market logics on public services and driving the cultural valorization of free market ideology. The neoliberal ‘project of inequality’ is upheld by an authoritarian system of punishment built around the social control of the underclass—among them unauthorized immigrants. This work lays out the theory of the punishment marketplace: a conceptualization of how US systems of punishment both enable the neoliberal project of inequality, and are themselves subject to market colonization. The theory describes the rescaling of federal authority to local centers of political power. Criminal justice policy activism by …

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …

How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner

All Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …

Local Immigration Enforcement Entrepreneurship In The Punishment Marketplace, Daniel L. Stageman

Dissertations, Theses, and Capstone Projects

The contemporary neoliberal economic order plays a significant role in American social organization and policy-making. Most importantly, neoliberal ideology drives the creation and imposition of markets in public goods and services and the valorization of free market ideology in cultural life. The neoliberal ‘project of inequality’ is in turn delimited and upheld by an authoritarian system of punishment built around mass incarceration, surveillance, and an unprecedented level of social control directed at the lowest strata of American society – a group that includes both the urban underclass, and unauthorized immigrants.

This study lays out the theory of the punishment marketplace …

A Dark Reflection Of Society: Analyzing Cultural Representations Of State Control In Black Mirror, Carl Russell Huber

Online Theses and Dissertations

Recognizing the importance of visual criminology and media studies in contemporary academic criminal justice studies, I attempt to contribute to the field by analyzing three themes found in Channel 4’s Black Mirror in relation to cultural fears of state control and the progression of technology. The themes, including state power and coercion, the spectacle of punishment, and panoptic surveillance, are placed in a popular criminological framework in order to examine the attitudes and beliefs of the culture in which they were produced and for whom they are intended. I conclude that Black Mirror provides a social commentary on the themes …

Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad

Touro Law Review

No abstract provided.

What's Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …

Pregnancy, Birth, And Mothering Behind Bars: A Case Study Of One Woman's Journey Through The Ontario Criminal Justice And Jail Systems, Sarah Fiander

Theses and Dissertations (Comprehensive)

As more people come under the direct or indirect control of the carceral nation state, it is important to analyze those systems and bodies that contribute to its construction and conservation. Moreover, it is necessary to assess the ability of these social institutions to meet the needs of the individuals under their supervision, as well as to establish a standard of care to which operators of jails, prisons, and other carceral facilities may be held accountable. Criminalized women represent an acutely marginalized segment of the prison population whose distinct gendered needs have been habitually overlooked. The present study aims to …

The History Of Punishment: What Works For State Crime?, Jennifer Marson

The Hilltop Review

The punishment of criminal acts is usually justified utilizing retribution, deterrence, rehabilitation and incapacitation (societal protection). These justifications are often utilized for traditional street crimes such as burglary, assault, and theft. However, state crimes require that punishment be looked at through a different lens, and it is advocated the restorative justice apparatuses potentially offer the best solutions at administering punishment for those who commit state crime.

Rituals Upon Celluloid: The Need For Crime And Punishment In Contemporary Film, J C. Oleson

Cleveland State Law Review

Most members of the public lack first-hand experience with the criminal justice system; nevertheless, they believe that they possess phenomenological knowledge about it. In large part, the public’s understandings of crime and punishment are derived from television and film, which provide modern audiences with a vision of institutions that are normally occluded from view. While public rituals of punishment used to take place on the scaffold, equivalent moral narratives about crime and punishment now occur on film because modern punishment is imposed outside of the public gaze. Yet because crime films distort what they depict, the public’s view of crime …

Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick

All Faculty Scholarship

It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.

Punishment: Drop City And The Utopian Communes, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

Using stories from the utopian non-punishment hippie communes of the late 1960's, the essay challenges today’s anti-punishment movement by demonstrating that the benefits of cooperative action are available only with the adoption of a system for punishing violations of core rules. Rather than being an evil system anathema to right-thinking people, punishment is the lynchpin of the cooperative action that has created human success.

This is Chapter 3 from the general audience book Pirates, Prisoners, and Lepers: Lessons from Life Outside the Law. Chapter 4 of the book is also available on SSRN at http://papers.ssrn.com/abstract=2416484).

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

E. Lea Johnston

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …

Forfeiture Of Illegal Gains, Attempts And Implied Risk Preferences, Jonathan Klick, Murat C. Mungan

All Faculty Scholarship

In the law enforcement literature there is a presumption—supported by some experimental and econometric evidence—that criminals are more responsive to increases in the certainty than the severity of punishment. Under a general set of assumptions, this implies that criminals are risk seeking. We show that this implication is no longer valid when forfeiture of illegal gains and the possibility of unsuccessful attempts are considered. Therefore, when drawing inferences concerning offenders’ attitudes toward risk based on their responses to various punishment schemes, special attention must be paid to whether and to what extent offenders’ illegal gains can be forfeited and whether …

Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister

All Faculty Scholarship

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …

Unpunished Criminals: The Social Acceptablity Of White Collar Crimes In America, Joseph P. Martinez

Senior Honors Theses and Projects

White collar crime is a serious issue in the United States of America, responsible for an estimated $250 billion to $1 trillion in economic damages each year. White collar crimes include: bank fraud, blackmail, bribery, counterfeiting, credit card fraud, embezzlement, extortion, forgery, insider trading, insurance fraud, investment schemes, securities fraud, tax evasion, advanced fee scams, service and repair scams, as well as Ponzi & pyramid schemes just to name a few.

There are a number of factors to consider regarding crimes, both street and white collar level including: the total cost of the damages and ripple effects that will reach …

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

All Faculty Scholarship

Since the turn of the century, the Supreme Court has begun to regulate non-capital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Though both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate lines of doctrine respond to structural imbalances in non-capital sentencing by promoting morally appropriate punishment judgments that are based on …

“We Incarcerate To Set Free:” Negotiating Punishment And Rehabilitation In Jail, Brittnie L. Aiello

Criminology Faculty Publications

Criminology has documented the decline of rehabilitation in the age of get-tough approaches to crime and punishment. Therapy and punishment, however, are not mutually exclusive. Rehabilitation and traditional punishment have long co-existed in penal facilities. In this article, I examine the role of rehabilitation at Northeast Jail, a county jail in the U.S. that adhered to an ideology of rehabilitation. But Northeast Jail was, first and foremost, a penal facility where offenders were confined and punished. While staff and administrators at Northeast Jail routinely invoked a rhetoric of rehabilitation, they adhered to rules and engaged in punitive practices that interfered …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston

UF Law Faculty Publications

This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …