Criminology and Criminal Justice Commons^™

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …

The Costs And Benefits Of Forensics, Brandon L. Garrett

Faculty Scholarship

Supreme Court Justice Louis Brandeis famously wrote that states can be laboratories for experimentation in law and policy. Disappointingly, however, the actual laboratories that states and local governments run are not a home for experimentation. We do not have adequate information about either the costs or the benefits of forensic testing or allocation of resources. Increased spending and expansion of crime laboratories has perversely accompanied growing backlogs. Poor quality control has resulted in a series of audits and even closures of crime laboratories. In response to these problems, however, some laboratories and some entire states have developed new approaches toward …

The Wandering Officer, Ben Grunwald, John Rappaport

Faculty Scholarship

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this …

The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy

Faculty Scholarship

Across the country, pretrial policies and practices concerning the use of cash bail are in flux, but it is not readily possible for members of the public to assess whether or how those changes in policy and practice are affecting outcomes. A range of actors affect the jail population, including: law enforcement who make arrest decisions, magistrates and judges who rule at hearings on pretrial conditions and may modify such conditions, prosecutors and defense lawyers who litigate at hearings, pretrial-service providers who assist in evaluation and supervision of persons detained pretrial, and the custodian of the jail who supervises facilities. …

Justice In Forensic Algorithms, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Capital Punishment And Race Disparities In The Modern Era: An Empirical Analysis, Trevor Myers

Online Theses and Dissertations

Dissimilarities by race-of-defendant and race-of-victim have received ample attention in capital punishment literature, predominately in regard to death sentencing. Much less attention has been provided to the intersection of race and gender-of-victim with utilization of execution data, and research has failed to adequately address this topic in a historical context. In this exploratory study, I seek to identify multivariate correlates of executions involving characterizations of defendant race as well as victim race x gender characterizations since 1977. More specifically, I use multivariate analyses to examine possible predictors of executions elucidated defendant race x victim race and gender amalgamations. Among the …

Anti-Lgbtq Hate: An Analysis Of Situational Variables, Jill Kehoe

Publications and Research

The current study aimed to augment the scant body of literature on anti-LGBTQ hate by providing an in-depth examination of anti-LGBTQ hate incident situational characteristics including offender substance use, number of offenders, crime location, and victim-offender relationship. Analysis of situational dynamic variables provided support for the notion that anti-LGBTQ hate is a distinct type of criminal incident. Significantly increased levels of offender substance use, crimes perpetrated by multiple offenders, crimes perpetrated by acquaintances, and crimes taking place in open spaces substantiates the theory that anti-LGBTQ hate is qualitatively unique, typified by different characteristics than other forms of crime. The data …

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

Conceptualizing The Unspeakable: A Conceptual Metaphor Theory Analysis Of Sexual Assault Trauma In Creative Nonfiction, Ariana Ciamaricone

West Chester University Master’s Theses

This paper explores the use of conceptual metaphors (CMs) in two works of creative nonfiction, namely Laurie Halse Anderson’s (2019) Shout and Elissa Washuta’s (2014) My Body is a Book of Rules. Anderson’s (2019) poetic memoir centers on her experiences with sexual assault throughout her childhood and the process of writing her young adult novel Speak (1999). Washuta (2014) writes on her experiences with rape and mental illness via prose. Both memoirs detail their authors’ reckoning with the experience of sexual assault, and this paper investigates how trauma narratives attempt to “resolve what cannot be resolved, to generate meaning, …

Social Learning Theory And Digital Piracy: Explaining Uploading Behaviors Of Digital Pirates, Cydney J. Lowenstein

Theses and Dissertations

Digital piracy has received significant attention in criminological research but almost no studies have explored illegal uploading and how it may differ from illegal downloading. It is important to examine what theories can explain illegal uploading behaviors and their related factors to develop more effective policies to address digital piracy. This dissertation examined whether Akers’ (1998) social learning theory could explain engagement in digital piracy, both illegal downloading and uploading behavior. Additionally, this research examined the relationship between reciprocity and digital piracy. Questionnaires were administered to 398 university students and 315 visitors to several online communities using a combination of …

System Disarmed: My Experience As A Pro Se Litigant, Michael Stephan Alexander

University Honors Program Senior Projects

This project introduces and reviews, what is the pro se (representing oneself) litigant dilemma in the legal system. The study of courses originally labeled Criminal Justice, currently titled Justice Studies adds a birds-eye view to this project. That coupled with the inclusions of my involvement in the actual legal system creates my own Global Positioning System on this endeavor to disarm the system.

The paper will examine a brief but interesting novelty from earlier history when it was a privilege to stand on your own two feet and anyone who wanted to represent you was forbidden to accept pay. The …

Do Racial Stereotypes Contribute To Medical Misdiagnosis Of Child Abuse? Investigating Tunnel Vision In The Emergency Room, Cynthia J. Najdowski, Kimberly M. Bernstein, Katherine S. Wahrer

Psychology Faculty Scholarship

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. …

Racial And Ethnic Disparities In The Criminal Justice System In Nebraska, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

RED refers to racial and ethnic differences in contacts and experiences with the criminal and juvenile justice systems. Measuring the extent to which RED exist in the justice system is a first step toward identifying the ways to improve upon how well the system upholds the principle of equal treatment under the law. Prior research shows that RED are prevalent across multiple points of contact with the juvenile justice system in Nebraska. There is also a large body of evidence demonstrating RED in the adult criminal justice system nationwide. The purpose of this brief is to describe what the data …

Section 1983 Civil Liability Against Prison Officials And Dentists For Delaying Dental Care, Claire Nolasco, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Many prisoners enter correctional facilities in the United States with little history of good dental hygiene and even less history of access to dentists. Thus, the incarceration experience presents opportunities for inmates to receive quality dental care, often for the first time. Dental care delivered by correctional dentists is complicated, however, by the array of serious dental conditions and difficult to treat dental problems in clinical settings. These conditions exist within a legal environment that mandates adequate dental care be provided to prisoners by the state. This article examines prisoners’ Section 1983 lawsuits, claiming that delays in the delivery of …

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

Can General Strain Theory Be Used To Explain The Relationship Between Recidivism And Secure Placement?, Alessia R. Shaw

Honors Undergraduate Theses

There has been extensive research conducted on recidivism among serious juvenile offenders. This study examines juvenile recidivism through the lenses of General Strain Theory (GST). GST has been used in previous studies to explain recidivism, however, secure placement and its effect on juvenile mental health, has not been studied. The purpose of this study is to test for a relationship between emotional responses like anger and hostility and secure placement, utilizing the Pathways to Desistance data. I will also examine if anger and hostility act as a mediator between secure placement and recidivism. Pathways to Desistance was a prospective study …

Identifying Suicidality Correlates Among People Incarcerated In Jail, Frances Abderhalden

Electronic Theses and Dissertations, 2020-2023

The rate of suicidality in jail is estimated to be eight times greater than that of the general population, yet the identification of risk factors for suicidality among people incarcerated in jail has not been explored by researchers (Fazel, Grann, Kling & Hawton, 2011; Hayes, 1999; Noonan & Ginder, 2013). To date, the breadth of the literature on suicidology almost exclusively deals with the prison population or general public, and official data of completed suicides. However, when analyzing suicidality in jail and prison populations, it is evident they are not interchangeable and suicidal behaviors include more than just completed suicides. …

Prescription Drug Abuse Amongst The Elderly, Michael O'Blenis

Electronic Theses and Dissertations, 2020-2023

This thesis attempts to document and illuminate the growing issue of prescription drug abuse among the elderly population. The average elder in the U.S. takes at least one prescription drug per day, depending upon their health status. Likewise, elders that suffer from multiple chronic conditions are more likely to take multiple prescription drugs. As the lifespan of humankind grows well into their 90's and older, even more elders will be placed on prescription drugs. As part of this study, a narrative literature review was conducted to summarize the topic of prescription drug abuse amongst the elderly. The findings suggest that …

The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves

Journal of Criminal Law and Criminology

This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and …

Annual Report 2020, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

T  he Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in the 2019-2020 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as …