Click on the following links. Please note these will open in a new window.

LO 1-4

Do More Police Lead to More Crime Deterrence?
Description: Our new miniseries on Surveillance begins with your host tripping over the corpse of Jeremy Bentham, the man who gave us the Panopticon.

Abstract: Does increasing police strength deter more crime? Some studies have found apparent negative effects of police manpower levels on crime rates, and the most common explanation of such findings is that greater police strength increases perceptions of arrest risk, thus reducing crime via general deterrence mechanisms. The authors directly tested this hypothesis by estimating the association between survey respondents’ perceptions of arrest risk and the level of police strength prevailing in the counties where they live. No relationship between the number of police officers per capita and perceptions of the risk of arrest was found, suggesting that increases in police manpower will not increase general deterrent effects and decreases will not reduce these effects. The authors also considered the possibility that police manpower levels influence the number of criminals incarcerated, and thus affect crime rates via the incapacitative effects of incarceration, but concluded that such an effect is unlikely. These findings point to a need to reconsider previous interpretations of findings as supportive of a deterrent effect of increased police manpower on crime rates.

Click on the following links. Please note these will open in a new window.

LO 2-3

Early Use of Imprisonment as Punishment
Description: Beneath Gothic arches and metal walkways, a place of torment has been reclaimed as a place of creative ferment. In 1895, celebrated writer Oscar Wilde — author of The Importance of Being Earnest and The Picture of Dorian Gray — was convicted of homosexual activity and sentenced to two years, most of which he spent in the infamous Reading Gaol.

Abstract: This article explores the usages of imprisonment, both de facto and de jure, from its earliest recorded use 3,000 years ago down to recent times. Early scattered use, unreflected in the statutes, was followed by houses of correction for minor offenders and later, displacing capital punishment, for major crimes. Serious reform in England and Pennsylvania and the subsequent battle between two systems developed in Pennsylvania and New York states and their ultimate demise are described. The origins of special prisons for women, youth, and other categories are traced, and early prison labor and schooling are described.

Click on the following links. Please note these will open in a new window.

LO 3-2

All the Women in the Maryland State Penitentiary: 1812-1869
Description: Obama Visits Federal Prison In Oklahoma To Tout Criminal Justice Reform

Abstract: This article examines the role of race in the patterns of incarceration of women in the state of Maryland during three critical periods: pre–Civil War, Civil War, and post–Civil War. Maryland, a border state, was wedged geographically and politically between the forces of slavery and abolition. In addition to race, the author identifies female offenders by examining place of birth, age, and occupation. The author supports the view that "plantation justice" was inapplicable to Blacks in Maryland. The author also suggests that the historical neglect of women in prison can be attributed to the small contribution of "native" White women to the total female prison population. Racial differences in why female offenders were incarcerated and how long they were sentenced are addressed. These differences are examined across the three time periods, noting the focus on controlling Blacks (free and slave), women, and immigrants.

Click on the following links. Please note these will open in a new window.

LO 4-3

Noble Cause Corruption

Abstract: The historical background to and use of the expression ‘noble cause corruption’ to characterise certain types of police behaviour is explored. One account, in which it is understood to provide a mantle of respectability for certain kinds of police corruption is contrasted with another in which it describes a kind of corruption that is not ameliorated by its motivation. This divergence, however, points to some deeper problems and complexities in police decision-making that have not been fully acknowledged or explored in police work. These are most acute when general rules do not adequately accommodate the complexities of real-life situations.

Click on the following links. Please note these will open in a new window.

LO 5-2

Prosecutors and Mandatory Minimum Sentencing

Abstract: In Pennsylvania, the imposition of mandatory minimum sentences presents an important opportunity to examine relatively “pure” prosecutorial discretion over sentencing outcomes. The authors present a multilevel analysis of the prosecutorial decision to apply a mandatory minimum among mandatory-eligible offenders sentenced for drug crimes or as repeat, “three-strikes” offenders. They find that prosecutors' decisions to apply the mandatory minimum are significantly affected by the type and characteristics of offenses and guideline sentence recommendations, prior record, mode of conviction, and gender. They also find that Hispanic males are more likely to receive mandatory minimums and that Black–White differences in mandatory application increase with county percentage Black. The authors frame and interpret their analysis and findings in light of the uncertainty reduction theory of prosecutorial discretion, the view of courts as communities, and an integrative focal concerns perspective on criminal justice decision-making.

Click on the following links. Please note these will open in a new window.

LO 6-5

Integrated Primary and Behavioral Health Care in Patient-Centered Medical Homes for Jail Releases With Mental Illness.Criminal Justice and Behavior

Abstract: Many jail releasees have persistent physical and mental health needs that are frequently unaddressed, leading to high rearrest rates and return to jail. This article details the potential benefits and challenges of integrated health services during transition planning and return to the community and details lessons learned from a pilot program in Houston, Texas. It examines how patient-centered medical homes, a modality supported by policy changes at the federal level, provide one means of effective transition from jail to the community that integrates behavioral health services with primary care. Evidence from the pilot program suggests that effective integrated health services for jail releasees can help divert individuals from a cycle of recidivism.

Click on the following links. Please note these will open in a new window.

LO 7-2

Juvenile Drug Court Operations

Abstract: However, research regarding JDCs has shown inconsistent effects, and little is known about the specific components associated with positive outcomes. The current study examines data from interviews of JDC judges and team member focus groups in six JDCs from two contiguous southeastern states to identify stakeholders’ perceptions about what places youth at risk for involvement in JDC and the factors that may contribute to successful outcomes. In addition, we examine these stakeholders’ perceptions of the strengths and challenges facing their JDCs. Our findings highlight the importance of parents and specific strategies implemented by JDCs in influencing the outcomes of youth in JDCs and the importance of interagency collaboration and access to treatment and community resources for the overall success of JDCs.

Click on the following links. Please note these will open in a new window.

LO 8-5

Extralegal Disparity in the Application of Intermediate Sanctions

Abstract: The sentencing literature is replete with studies that have examined the influence of extralegal offender characteristics on two key sentence outcomes: the imprisonment and sentence length decisions. Yet the study of other outcomes, such as the application of intermediate sanctions, is rarely addressed. To date, no studies have been conducted in the federal courts to examine the potential influence of race/ethnicity, age, gender, and educational attainment on the decision to apply intermediate sanctions. Consequently, the present analysis employs U.S. Sentencing Commission data to examine direct and interactive effects of these extralegal characteristics on this understudied outcome. Findings indicate that extralegal effects may play an important role in the use of intermediate sanctions. The implications of this research are discussed in detail
 

LO 8-5

Effectiveness of Restorative Justice

Abstract: This article presents an analysis of restorative justice practice in the Republic of Ireland. This is achieved through an examination of data on restorative justice conferencing events in various venues around Ireland. From these data, the authors analyze these restorative events through an examination of the “functionalist exchange,” which occurs during the interaction between participants in such events. The extent of functionalist exchange is measured through an application of the meta-analysis first utilized in relation to restorative justice practice by Jeff Latimer, Craig Dowden, and Danielle Muise. The study assesses the extent to which functionalist roles become significant in restorative conference outcomes. The article argues that to be truly restorative, events must incorporate the extent to which remorse and subsequent satisfaction is expressed. In addition, the theories of restorative justice are shown to require a further analysis from the practitioners’ perspective, which this article provides. By examining the concepts such as Tomkins’ affect theory and Nathanson’s compass of shame, along with the practitioner-based perspective of Morris and Maxwell, this research constructs a wider understanding of the significance of the functionalist roles of participants during restorative events.

Click on the following links. Please note these will open in a new window.

LO 9-1

The Theory and Practice of Supermax Prisons

Abstract: Over the last two decades, super-maximum custody (or ‘supermax’) prisons have become increasingly common throughout the American correctional landscape. Although these institutions can be justified using a variety of arguments (e.g. retribution), one of the most commonly used rationalizations is that they promote higher levels of prison order throughout the systems in which they are used. Because of the lack of direct empirical evidence to support this claim, we refer to this argument as the ‘system-wide order’ conjecture. In this essay, we explore the different pathways through which supermax prisons may achieve system-wide order. Our analysis suggests that the conceptual foundation upon which the system-wide order conjecture rests is unstable, and that empirical research is needed to resolve debates about the merits of supermax prisons in contributing to order in prison systems. We conclude by identifying critical research gaps that must be addressed to better understand the effects of this high-cost correctional approach

Click on the following links. Please note these will open in a new window.

LO 10-1

Sex Offender Risk Assessment
Description: Video highlights the Supreme Court's view on intake strip searches

Abstract: Jurisdictions in the United States, United Kingdom, and Australia now have laws that enable preventive detention of post-sentence sex offenders based on an assessment of the offender’s likely recidivism. Measures of recidivism, or risk assessments, rely on the criminal justice process to produce the “pool” of sex offenders studied. This article argues that recidivism research needs to be placed in the context of attrition studies that document the disproportionate and patterned attrition of sexual offenses and sexual offenders from the criminal justice process. Understanding the common biases that affect criminal prosecution of sex offenses would improve sexual violence prevention policies.

Click on the following links. Please note these will open in a new window.

LO 11-5

Effectiveness of Sex Offender Treatment for Psychopathic Sexual Offenders
Description: Documents obtained by The Associated Press show that in the 11 suicides in New York City jails since 2009, in most cases, safeguards designed to prevent inmates from harming themselves weren't followed.

Abstract: Meta-analyses have suggested that sexual offender treatment (SOT) completion is associated with lowered sexual recidivism rates for convicted sexual offenders. The paucity of properly designed studies allows for the alternative explanation of less recidivism among treated samples as reflecting that lower risk offenders disproportionately self-select into treatment. A test of the "self-selection explanation" can occur by investigating treatment effect on known high-risk offenders. Psychopathy correlates with increased sexual recidivism risk, such that an exploration of the SOT effect on psychopathic offenders could clarify the accuracy of the self-selection hypothesis. Additionally, the debated degree to which psychopaths are treatable might obtain clarification by a research review. This article examines empirical findings concerning the effectiveness of SOT for psychopathic sexual offenders. Ten studies were found to meet the minimal quality standards used, stemming from only four data sources. Shortcomings of existing research precluded clear conclusions, though trends in the data are delineated.

Click on the following links. Please note these will open in a new window.

LO 12-5

The Electronic Monitoring of Offenders Released from Jail or Prison: Safety, Control, and Comparisons to the Incarceration Experience
Description: Video highlights the issues concerning the parole release of an inmate who killed a police officer.

Abstract: A number of concerns have surfaced about the use of electronic monitoring as a sanction since its inception in 1984. Research into these concerns has examined the sanction’s breadth, pitfalls, and successes. This research focuses on the way electronically monitored offenders define various issues about the sanction. Results suggest that offenders do not necessarily see the sanction in ways that are consistent with the portrayal of the sanction in the literature and the media. Implications are provided.

Click on the following links. Please note these will open in a new window.

LO 13-1

An Examination of Organizational Justice Among Correctional Officers in Adult Prisons
Description: ACLU webpage for Private Prisons

Abstract: The concepts of justice and fairness are commonly examined in the literature on criminal justice, except for the issues affecting organizational justice in the workplace. Organizational justice has two properties: distributive justice (the focus on the outcome of a decision) and procedural justice (the decision-making process that leads to the outcome). The authors surveyed 1,200 correctional officers across one state's prison system. Both organizational justice dimensions were leading predictors of job stress and variants of organizational commitment (i.e., climate for learning and type of organizational climate). Procedural justice was related to individual perceptions of fear and perceived risk of inmate victimization. A positive work environment was more likely to occur when employees had a moderate to high sense of equity, which influenced factors related to acceptance of change, stronger commitment to the organization, and better understanding and agreement with organizational goals. Study findings reaffirm the need for administrators to support organizational justice through expanded use of work team processes whereby staff are involved in assessing organizational functionality and recommending improvements.

Click on the following links. Please note these will open in a new window.

LO 14-4

The Sexualized Work Environment:  A Look At Women Jail Officers
Description: Corrections officer stabbed ahead of Pope visit

Abstract: This article examines the nature of a sexualized work environment and adjustment strategies of female deputy sheriffs working in four county jails and three local adult detention centers. Semistructured interviews were conducted with 108 women deputies. The findings suggest that women experience various problems stemming from sexism and sexual harassment by their male coworkers. The impact of and response to these work problems are explored.

Click on the following links. Please note these will open in a new window.

LO 15-2

Prison and Female Mental Health
Description: Alabama prisons are finally quitting their practice of segregating female HIV-positive inmates from other prisoners. The same could happen for male inmates later this month.

Abstract: Many women enter prison with significant mental health conditions. Without appropriate intervention during incarceration, there is the potential for these conditions to worsen during confinement. As a result, women, most of whom will eventually be released from prison, might return to their families and communities with even more complex mental health needs. We examined women’s perceptions of how incarceration had affected their mental health. Our study approach included descriptive surveys and focus groups with women in prison. Our analysis revealed that women’s mental health might worsen, might improve, or might remain the same as a result of incarceration. Women’s accounts also provide evidence to support the need for all women’s correctional institutions to adopt a trauma-informed approach to care of this vulnerable population.

Click on the following links. Please note these will open in a new window.

LO 16-5

Inmate Racial Integration: Achieving Racial Integration in the Texas Prison System
Description: CNN's Ryan Young takes a closer look at the belief that some drivers are racially profiled and pulled over for no other reason.

Abstract: After nearly three decades, there has been a revival of interest in the racial integration of inmates in prisons. In light of what has been done, the literature still questions whether racial integration policies, either forced or voluntary, can be implemented at the practical level. This article examines the process of achieving racial integration in the Texas prison system. This review focuses on the court's role in forcing racial integration, the organizational response to integration, the unit-level process of integration, and the general impact of an integration policy in Texas prisons. Ultimately, this article concludes that racial integration can be realized at the practical level in the contemporary prison.

Click on the following links. Please note these will open in a new window.

LO 17-4

Juveniles Committing Adult Crimes
Description: wo teenage girls accused of fatally stabbing their classmate to please the fictional character 'Slender Man' will be tried as adults, a Wisconsin judge said Friday.

Abstract: During the 1980s and 1990s, policy makers became alarmed by the perceived increase in juveniles’ involvement in serious crime. As a result, a number of laws were passed to increase the penalties associated with the commission of such crimes, including laws making juvenile waiver to adult court easier. Although research exists regarding public support for transferring juveniles, limited research is available to shed light on whether the public supports juveniles receiving “adult time” for “adult crimes.” This study expands on the current literature by assessing the public’s views on the appropriate level of punishment for juveniles who have committed a serious felony offense. Drawing on public responses to vignettes and data from the National Judicial Reporting Program, we also benchmark public preferences against actual sentences in criminal court. Although our results show that the public favors less severe penalties for many juveniles, we also find evidence of a public sentiment that “adult crime” merits “adult time.”

Click on the following links. Please note these will open in a new window.

LO 18-4

The United States Supreme Court And The Civil Commitment Of Sex Offenders
Description: Utah passes bill to reinstate execution by firing squad

Abstract: In Minnesota ex rel. Pearson v. Probate County of Ramsey County, Kansas v. Hendricks, Seling v. Young, and Kansas v. Crane, the U.S. Supreme Court decided cases pertaining to civil commitment of sex offenders to mental institutions. At first, the earliest case involved whether an offender, classified as a psychopathic personality, could be committed from the streets to a mental institution. More contemporary cases posed the question of whether a prisoner, diagnosed as a violent sexual predator or having an antisocial personality disorder, could be civilly committed to a mental health facility after this prisoner had served his entire sentence and was about to be released. For both questions, the Court answered in the affirmative. The Court’s rulings that incarcerated sex offenders nearing release may be civilly committed to a mental health facility have potentially ominous implications for both mental health and criminal justice policy.

Click on the following links. Please note these will open in a new window.

LO 19-1

A critique of contemporary death penalty abolitionism
Description: The Death Penalty Information Center website page that discusses the costs of the death penalty

Abstract: His essay seeks to show what is occluded by contemporary arguments in favor of abolishing the death penalty in the United States. Following an exposition of the arguments advanced by the National Coalition to Abolish the Death Penalty and the American Civil Liberties Union, as well as those advanced by Hugo Bedau and Austin Sarat, the essay interrogates a pair of presuppositions that are implicit in all. Specifically, the essay first poses questions regarding the contention that death as a punishment is qualitatively different from all others. That contention abstracts capital punishment from the complex of contemporary political forces whose conjuncture goes a long way toward explaining the persistence of the death penalty in the United States. Second, the essay argues that familiar critiques of capital punishment presuppose a specific vision of the state and the form of sovereignty that allegedly defines that state. This vision is anachronistic in so far as it fails to grasp recent transformations in the character of state power in the United States. To fail to acknowledge these transformations is to run the risk of reinforcing the very conception of state sovereignty that now warrants the death penalty as a legitimate form of punishment.

Click on the following links. Please note these will open in a new window.

LO 20-2

Legal Systems and Variance in the Design of Commitments to the International Court of Justice
Description: People caught carrying knives in the street will be jailed for longer under new proposals

Abstract: This paper explores the relationship between domestic legal systems and the design of commitments to the International Court of Justice (ICJ). Empirical analyses demonstrate that civil law states are more willing to recognize the compulsory and compromissory jurisdiction of the World Court than common law or Islamic law states. Common law states place the highest number of reservations on their optional clause declarations, with the majority of those restrictions relating to specific areas of international law. Civil law states typically embed compromissory clauses in multilateral treaties, while common and Islamic law states prefer recognition of the ICJ's jurisdiction through bilateral treaties.

Click on the following links. Please note these will open in a new window.

LO 21-5

Prison Privatization
Description: Corporations are running many American prisons -- are they putting profits before prisoners?

Abstract: This article explores one interesting finding emerging from early findings of studies comparing private and public prisons in the UK: the relationship between prisoners and staff. These relationships appear to be better in some private prisons than in the public sector, at least during the early years of privatization. After presenting these findings, the authors provide three possible explanations for the positively evaluated prisoner—staff relationships in many private prisons during these early years: first, an intentional focus on relaxed and less formal regimes; second, the distinct balance of power which is the outcome of more powerless and inexperienced staff working in private prisons; and third, the legacy of a punitive atmosphere which still persists in some public sector prisons. While these findings do not constitute an argument in favour of privatization, they provide an opportunity to be less romantic about public sector values and practices, and more circumspect about the dangers of imprisonment more generally.