Thesis advisor: Thomas O'Hare / Domestic violence is a widespread social problem impacting an estimated 6.2 million women in the United States each year (Department of Justice, 2008). The purpose of this study was to determine the existence, prevalence, and degree of disparity in prosecution and sentencing based on domestic violence status, victim-offender characteristics, and victim-offender relationship. The study specifically looked at cases of assault and battery, which is the most prevalent type of offense in domestic violence (Buzawa, Buzawa, and Stark, 2012; Payne & Wermeling, 2009). This study utilized simple random sampling, involved an archival analysis of court records, and examined a ten-year period (2000-2010) at Salem District Court in Essex County, Massachusetts. This investigation found that the likelihood of a case not being prosecuted was affected by whether or not it was a domestic violence incident. Fifty-five percent of domestic violence cases resulted in dismissal, while only 45% of the non-domestic violence cases were dismissed. If prosecuted, 84% of domestic violence cases resulted in a suspended sentence, while only 21% of the non-domestic violence cases that were charged resulted in a suspended sentence. The results also showed that the degree of social closeness between a victim and offender influences the likelihood that a case will be prosecuted. For instance, an offender who assaults a family member or an acquaintance is more likely to be prosecuted than one who assaults an intimate partner. In addition, among prosecuted cases, domestic violence offenses resulted in shorter sentences and less severe sanctions relative to other offenses. The most significant implication of this study is that domestic violence victims continue to receive unequal treatment by the criminal justice system. Policy makers and those in the advocacy field can utilize this information to improve the prosecutorial and judicial response to domestic violence and to better guide victims through the judicial process. / Thesis (PhD) — Boston College, 2014. / Submitted to: Boston College. Graduate School of Social Work. / Discipline: Social Work.

Statistics show that hate crimes continue to occur in United States, inciting fear and intimidation in minority communities (Petrosino, 1999; Torres, 1999; Saucier et al., 2006; Nolan et al., 2002; Jacobs & Potter, 1997). Although hate crime legislation has been passed, very little research has assessed what impact it has. This is particularly true for jury decision making. The aim of this study was to examine the main effects of type of crime (hate versus non-hate), offender-victim racial composition (African-American/Caucasian), and the interaction between these two variables on ratings of guilt likelihood, deserved punishment, and sentence recommendations after controlling for offender dangerousness, witness credibility, and hate motivation. The first hypothesis assumed that differences in guilt and hate crime adjudications would emerge across the experimental conditions. The second hypothesis indicated that dangerousness, and hate motivation would exert significant influence on deserved punishment and sentence recommendations; while witness credibility would exert influence on guilt adjudication. The third and fourth hypothesis stated that there would be no main effects of type of crime (hate versus non-hate) and offender-victim racial composition (African-American/Caucasian) on ratings of guilt likelihood, deserved punishment, and sentence recommendations. The fifth hypothesis suggested that there would be interaction effects between type of crime and offender-victim racial composition on ratings of guilt likelihood, deserved punishment, and recommended sentence after controlling for dangerousness, hate motivation, and witness credibility. Results indicated that there were no main effects for type of crime, offender-victim racial composition, or the interaction between these two variables on ratings of guilt likelihood, deserved punishment, and sentence recommendations. There was a significant interaction effect on ratings of guilt likelihood for aggravated battery; however this interaction disappeared after controlling for offender dangerousness, witness credibility, and hate motivation. Dangerousness and hate motivation appeared to exert influence on the study outcomes. Overall, the findings were not congruent with prior research. It appeared that the covarying factors seemed to exert significant influence on the study outcomes; thus further study is warranted.

Differential sentencing has been a reoccurring issue in the judicial system for decades. Sentencing disparity occurs when similar offenders (similar in offense type, age, gender, ethnicity, and SES) receive different sentences or when different offenders receive the same sentence (Spohn, 2009). Prior studies find a sex effect,where women tend to be treated more leniently than men (e.g., Daly, 1987a). Sentencing discrepancies are evident in crimes that are considered to be gendered. Certain types of crimes are more likely to be committed by females and receive more lenient sanctions than if a male were to commit these types of crimes. These crimes include shoplifting, petty theft, and forgery. On the contrary, certain types of crimes are more likely to be committed by males and receive more harsh sentences than if a female were to commit them. These crimes include aggravated assault, burglary, and homicide. Driving under the influence of alcohol was chosen to study here because in instances of DUI, individuals are initially apprehended due to perceived behaviors behind the wheel, and officers are unaware if the driver is male or female. This study examines whether discrepancies exist in DUI case sentencing in the state of Pennsylvania. The bivariate analyses performed found significant associations between variables. The ANOVA depicted significant findings among men and women. Overall, women were more likely to be treated more leniently than similarly situated men. The crosstabulations also depicted significant findings for the effects of the mitigating and aggravating circumstances on the different types of sanctions. The presence of aggravating circumstances was associated with more severe types of sanctions, whereas the presence of mitigating circumstances was associated with less severe sanctions. The multivariate logistic regression models show that women were nine times more likely than men to receive a license suspension, and .3 times less likely to receive a jail sentence. These findings suggest that the Pennsylvania sentencing guidelines are not preventing disparities like they are supposed to. This indicates that legislative reform needs to occur in order to prevent disparities among individuals.

In recent years, the percentage of incarcerated individuals with mental illness has dramatically increased. It is very hard to provide treatment and care for these defendants in jails or prisons. Currently, there are more mentally ill individuals incarcerated than in psychiatric hospitals. Furthermore, as budget cuts are being decided, urban and rural communities in America are looking at ways to help the mentally ill by initiating a mental health court (MHC) or continuing to fund an already existing MHC. Guided by the therapeutic jurisprudence theory, the purpose of this study was to elicit the opinions from MHC professionals regarding the strengths and weaknesses of MHCs in addressing the needs of defendants, their victims, and the communities in which they live, in order to gain the recommendations for program improvement from the professionals who have knowledge of the impact of public safety, recidivism rates, and quality of life for mentally ill defendants. Study participants answered questions about several aspects of MHCs, such as length of incarceration, application of the therapeutic jurisprudence theory, treatment planning, and institutional budget constraints. The interviews were coded using NVivo, looking for common words, statements, and themes across responses. Mental health courts have been shown to save thousands of dollars to local community budgets, provide professional support and complete the judicial system requirements. This study furthers social change by supporting the rationale for MHCs: to help prevent defendants with mental illness involved in the criminal justice system from reoffending, thereby improving community safety and reducing justice system costs over the long term.

This thesis tests one of the major propositions of deterrence theory: that increases in the severity of punishment can reduce the likelihood of offending. To this end, a case study in which the statutory penalties were doubled for almost all drink-driving offences in New South Wales, Australia, is examined. Two quasi-experimental studies were undertaken to assess the impact of these legislative changes: an interrupted time-series analysis of road crash rates (Study 1) and an analysis of drink-driving reoffending rates before and after the penalty changes were implemented (Study 2). Study 1 showed a significant increase in a surrogate measure of alcohol-related road crashes after the tougher drink-driving penalties were introduced. Further analyses suggested that this increase was driven primarily by a secular rise in non alcohol-related crashes that coincided with the policy???s implementation. Two possible conclusions about the deterrent effect of the policy are drawn from these findings: (1) that there was a reduction in alcohol-related road crashes which was overwhelmed by the rise in non alcohol-related crashes occurring around the same time or (2) that there was no change in crash rates. Study 2 found that drink-drivers who were convicted under the new penalty regime were less likely, and took longer, to reoffend than drink-drivers convicted before the introduction of the new penalties. This reduction in reoffending was only apparent for drink-drivers residing in country and regional areas and was small in magnitude.These latter findings are consistent with the possibility that the penalty changes coincided with a reduction in alcohol-related crashes but suggest that any decrease is likely to have been relatively small. A third study using a scenario-based survey methodology was also undertaken to examine the relationship between legal sanctions and willingness to drink-drive, controlling for other factors. The results of this study showed that participants who were more knowledgeable about drink-driving penalties were less likely to state that they would offend in the drink-driving scenario than participants who were less knowledgeable about the law. The implications of these findings for deterrence theory and criminal justice policy are discussed.

<p>The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that every child has the right not to be detained except as a measure of last resort in which case, in addition to the rights a child enjoys under section s12 and 35, the child may be detained only for the shortest appropriate period of time. This Constitutional provision, in clear terms, views the incarceration of juvenile offenders in a serious light as it provides that the detention of juvenile offenders should be a measure of last resort. One of the important international instruments, the United Nations Convention on the Rights of the Child, (Article 37(b) provides that children may be arrested, detained or imprisoned &ldquo / only as a measure of last resort and for the shortest possible period of time&rdquo / . This thesis examines the impact of the Constitution and some international instruments on the Criminal Law Amendment Act, 105 of 1997 with regard to juvenile offenders. It also sets out the current legal position in South Africa with regard to sentencing of juvenile offenders.</p>

Section 718.2 (e)’s directive to canvass all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Aboriginal offenders was to be given real force. This study’s goal was therefore to identify what considerations may be impeding or encouraging the application of section 718.2 (e)’s directive through a constructivist discourse analysis of 33 court of appeal cases. The study has mapped trends and influences which weigh strongly on sentencing judges in the decision-making process and considerations that are affecting the application of this provision. Prohibitive and permissive dimensions of the Gladue case were identified related to the application of section 718.2 (e), creating competing ideals in the application of the provision. Modern Penal Rationality (MPR) underpinned many of the judges’ justifications. However, unforeseen considerations were also noted. Ultimately, MPR, dominates the sentencing calculus and diminishes section 718.2 (e)’s application and alternative/restorative potential.

Abstract In order to understand whether the public improves their faith in justice after 15-year reforms, and whether the result of verdict meets the expectations of the public, this research regards the sentences from the Judge as a decision-making to discuss whether there is any difference in the integration models of sentencing factors and seriousness among the role in the Court. The research analyzes the functions of justice from the viewpoints of Integrated Reference Framework for Public Affairs Management (PAM), and anatomizes the phenomena presenting by Society Develop Matrix (SDM) in every development stage. The research adopts the experimental methods of Information Integration Theory (IIT), and divides the subjects into five roles: Judges, Prosecutors, Lawyers, Inmates and the General Public. The research selects the subjects from Kaohsiung, Tainan and Pingtung, and offers the two cases of ¡§Traffic¡¨ and ¡§Waste Disposal¡¨ to acquire the integration modes of ¡§the Damage from Criminal¡¨ and ¡§the Attitudes after committing crimes ¡¨ in the measurement of punishment. Here are the research findings: 1. Individual subject from the five roles mostly uses ¡§Equal-Weight Averaging Model¡¨ to combine the two factors of the damages from committing crimes and the attitudes after committing crimes. 2. The types of case influence sentences and the waste disposal cases are obviously much more serious than the traffic cases. 3. The order of cases has no influence on sentences. 4. There is no significant difference in penalty measurement in traffic court cases among the five roles. However, there are significant variations in waste disposal cases, especially between the attorneys and the general public, while the attorneys expect lighter penalty measurement than the general public. 5. After the justice reformation, there have been slight differences in cognitive models of sentences. Keywords: Public Affairs Management, Information Integration Theory, justice reforms, sentencing

This dissertation consists of three papers relating to the field of Law and Economics. The first two papers examine the impact of increased judicial discretion on both racial disparities and inter-judge disparities in the federal criminal justice system. The third paper analyzes the effects of OSHA programs on workplace safety, wages, and employment. The common thread throughout this work is a focus on how legal actors and institutions affect substantive outcomes of individuals. / Economics

<p>The detention of juvenile offenders is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that every child has the right not to be detained except as a measure of last resort in which case, in addition to the rights a child enjoys under section s12 and 35, the child may be detained only for the shortest appropriate period of time. This Constitutional provision, in clear terms, views the incarceration of juvenile offenders in a serious light as it provides that the detention of juvenile offenders should be a measure of last resort. One of the important international instruments, the United Nations Convention on the Rights of the Child, (Article 37(b) provides that children may be arrested, detained or imprisoned &ldquo / only as a measure of last resort and for the shortest possible period of time&rdquo / . This thesis examines the impact of the Constitution and some international instruments on the Criminal Law Amendment Act, 105 of 1997 with regard to juvenile offenders. It also sets out the current legal position in South Africa with regard to sentencing of juvenile offenders.</p>