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Pressures to plead guilty or playing the system? : an exploration of the causes of cracked trialsAlge, Daniele January 2009 (has links)
This thesis is an empirical exploration of cracked trials at Manchester Minshull Street Crown Court. Cracked trials are cases which are listed for trial but on the day they are due to be tried are disposed of in some other way. The thesis presents quantitative and qualitative data extracted from prosecution case files, as well as interviews with legal professionals, to examine the reasons for cracked trials, focusing on those trials which crack as a result of a late guilty plea. The data are analysed in order to explore the features of cracked trials, and the defence lawyer’s role in late guilty pleas (identified as significant by previous studies) is also examined. The existing literature has identified plea bargaining as a significant cause of late guilty pleas; the extent to which this was a feature within the sampled cases is assessed, and the nature of the plea bargains which were present in the data is explored. It is argued that the data demonstrate that plea bargaining played a key role in those cases which cracked as a result of a late guilty plea and that several types of plea bargain were prevalent within the sample. In light of these findings, the thesis analyses the reasons for the criminal justice system’s reluctance to acknowledge the role of plea bargaining in cracked trials (despite some recent formalisation of plea bargaining itself), and examines the extent to which grounds for policy and academic objections to plea bargaining and cracked trials were evidenced in the data collected. The thesis then considers whether either policy objections (that cracked trials represent defendants ‘playing the system’) or academic objections, (that plea bargains create pressure on defendants to plead guilty, and cracked trials are a manifestation of that pressure) are necessarily true, and whether plea bargaining could alternatively be viewed as a legitimate consensual or contractual exchange of concessions. The thesis concludes with the argument that a contradictory and hypocritical approach to plea bargaining has created a situation whereby the significance of plea bargaining is often ignored by a criminal justice system which has come to rely upon it. It is argued that the policies pursued in an attempt to reduce cracked trials are therefore flawed in their failure to acknowledge that cracked trials are inextricably bound together with plea bargaining.
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The extension and practice of summary jurisdiction in England c. 1790-1860Sweeney, Thomas January 1985 (has links)
No description available.
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The Racial and Ethnic Typification of Crime: Exploring the Potential Causes of Criminal StereotypesUnknown Date (has links)
The racial typification of crime refers to the extent to which crime is represented as a Black phenomenon. Additionally, the ethnic typification of crime, where crime is represented as a Latino phenomenon, has received recent attention. Research on these concepts has found them to be predictive of punitive attitudes toward criminals. However as fairly new concepts, research has yet to clearly identify the factors that may contribute to the formation of these stereotypes. Using a national sample, this paper evaluates whether three potential factors influence attitudes that express the racial/ethnic typification of crime: symbolic or modern racism, media exposure and consumption, and inter-group contact. The results reveal that group contact is the only consistent predictor of both the racial and ethnic typification of crime; group contact is positively associated with the racial and ethnic typification of crime. Implications and directions for future research are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of
Philosophy. / Spring Semester, 2012. / March 28, 2012. / Crime, Group Contact, Media, Prejudice, Stereotypes / Includes bibliographical references. / Ted Chiricos, Professor Directing Dissertation; Marc Gertz, Committee Member; Gary Kleck, Committee Member; Patricia Warren, Committee Member.
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Neighborhood Structural Disadvantage, Gaining Peer Respect, and Adolescent Male Sexual Activity: An Oppositional Culture ModelUnknown Date (has links)
Prior research on neighborhood effects has focused on structural characteristics such as socioeconomic disadvantage, ethnic heterogeneity, and residential instability, giving less attention to the cultural factors that may influence adolescent behaviors. One of the prominent studies on oppositional culture was conducted by Elijah Anderson (1990, 1999). He observed that structural conditions in disadvantaged neighborhoods created an oppositional culture that endorsed negative behaviors such as violence and early sexual activity. Most research has examined how gaining respect--a key aspect of the oppositional culture--leads to violence, but it has not explored adolescent male sexual activity as an outcome. This research will fill a void in the literature by addressing four research questions. The first two questions will assess whether gaining respect from peers is a significant predictor of adolescent male sexual activity and whether it varies by race. The second set of questions will assess whether the proposed effect of gaining respect from peers on adolescent male sexual activity is moderated by neighborhood disadvantage and whether it varies by race. Using data for male adolescents from Waves I and II of the National Longitudinal Study of Adolescent Health (AddHealth), the results showed that the need to gain peer respect increased the likelihood of adolescent males becoming sexually active, but there were no significant racial differences in this relationship. Further, gaining peer respect's effect on adolescent male sexual behaviors was not stronger in neighborhoods with higher levels of disadvantage, nor were there significant race differences. Overall, there was limited support observed for the oppositional culture perspective. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of
Philosophy. / Fall Semester, 2011. / July 7, 2011. / Adolescent Male Sexual Activity, Neighborhood Context, Oppositional Culture / Includes bibliographical references. / Eric A. Stewart, Professor Directing Dissertation; Karin L. Brewster, University Representative; Daniel P. Mears, Committee Member.
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Procedural Justice and Legitimacy of the Police and Courts and Perceptions of Obedience Among Female InmatesUnknown Date (has links)
Researchers have explored two competing ideas as to why people obey the law. Some research has taken the instrumental approach--the belief that the prospect of rewards and punishments drive behavior. Others have taken the normative approach--the belief that internalized judgments about institutions and procedures drive behavior. The latter is the focus of this dissertation. Using a sample of female inmates, this dissertation examines what effects procedural justice of police and courts, the institutional legitimacy of police and courts, and obligations to obey the law. Most prior literature on normative attitudes has tested the political psychology of the mass public. By examining female inmates this study moves beyond the perceptions of the general public and focuses on individuals that have had the most serious interactions with the criminal justice system. Additionally, females are an especially important demographic of interest given their growing presence in the criminal justice system. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of
Philosophy. / Summer Semester, 2012. / June 20, 2012. / Courts, Legitimacy, Obedience, Police, Procedural Justice / Includes bibliographical references. / Marc G. Gertz, Professor Directing Dissertation; Martin Kavka, University Representative; Eric Stewart, Committee Member; Carter Hay, Committee Member.
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Transcending Beyond the Schoolyard: A Multilevel Examination of the Environmental Influences and Prevalence of Traditional and Cyber Bullying PerpetrationUnknown Date (has links)
The general purpose of this study is to provide a multilevel examination of the prevalence and contextual influences of traditional and cyber bullying perpetration through a criminological perspective. Bullying and harassment in our schools has become a growing national epidemic and has caught the attention of various disciplines such as education, psychology, sociology and medicine. However, the use of criminological theories to examine the phenomenon of bullying has been limited. Given the link between deviance and bullying behaviors, leading criminological theories could provide valuable nuances to what we already know about bullying. Using a state-wide representative sample of Florida, the present study provides rich and detailed insights into bullying prevalence in Florida schools by examining the incidence rates for verbal, physical and cyber bullying, where bullying takes place as well as a comparison of involvement among various demographic groups. Using hierarchical linear modeling, the study also examines the fit of four criminological theories - social bond theory, social learning theory, general strain theory and social disorganization theory in explaining traditional and cyber bullying. Results found some distinct factors associated with each type of bullying. Furthermore, the findings indicate that while several key individual level significant effects were found, contextual level variables are still important components to consider. In particular, indirect contextual effects could determine the conditions under which certain individual-level characteristics may function. Based on the findings implications for bullying prevention and intervention programs for bullying behaviors are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of
Philosophy. / Summer Semester, 2012. / June 26, 2012. / Cyber bullying, Multilevel modeling, Social bonds theory, Social disorganization theory, Traditional bullying / Includes bibliographical references. / Brian Stults, Professor Directing Dissertation; Martell Teasley, University Representative; Eric Stewart, Committee Member; Sonja E. Siennick, Committee Member.
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Sex Crime and Punishment: An Analysis of Sex Offender Sentencing in FloridaUnknown Date (has links)
During the past two decades, policy-makers, members of the media and the general public have identified sex offending as a persistent social problem. Indeed, a wealth of get-tough legislation has been enacted to enhance punishment and closely monitor convicted sex offenders. Scholars have directed their efforts at understanding sex offending and sex crime policy. Much of this research is focused on what happens to sex offenders once they return to a community (e.g., registration and community notification, residence restrictions). Few studies have examined sex offender punishment. This gap in the literature is notable, given the enhanced focus on sex offenders and how they are punished. The general public has argued that however sex offenders are currently punished, it is "not enough." Yet, few studies have explored sex offender punishment with regard to official sentencing. Thus, the goal of this dissertation is to advance sex offender scholarship by examining the sentencing of sex offenders in Florida. Using sentencing data from the Florida Department of Corrections, several questions centered on sex offender sentencing were examined. First, which punishment philosophy is driving sex offender punishment, and how have punishment approaches changed over time? Using Florida as a backdrop, how are sex offenders sentenced and how has that approach changed over time? What is the role of offender race and ethnicity in sentencing sex offenders? Finally, what is the effect of county racial and ethnic composition on sex offender sentencing? Results show that sex offender punishment practices are grounded in incapacitation and retribution frameworks. Indeed, evidence from Florida suggests that in recent years, sex offenders are more likely to go to prison and less likely to be sentenced to community sanctions, such as probation or community control. Further analyses examined the effect of offender race and ethnicity on sentencing outcomes and found that young adult and middle-aged black sex offenders are more likely to be incarcerated than their white counterparts. However, elderly white sex offenders are more likely to be incarcerated than their black counterparts. Finally, the relationship between county racial and ethnic composition and decision to incarcerate was examined. Results indicate that counties with larger populations of Black and Hispanic residents are less likely to sentence sex offenders to incarceration. Implications for theory and research are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the
requirements for the degree of Doctor of Philosophy. / Summer Semester, 2013. / June 21, 2013. / Includes bibliographical references. / Daniel P. Mears, Professor Directing Dissertation; Melissa Radey, University Representative; Patricia Y. Warren Hightower, Committee Member; William Bales, Committee Member.
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Controlling Other People's Children: Racial Typification of Delinquency and Whites' Views About Juvenile JusticeUnknown Date (has links)
The juvenile justice system was founded on and, until recently, developed around the idea that society should afford delinquents more leniency and rehabilitative care than adult criminals because of their lower levels of physical and cognitive development, and thus diminished culpability for law violations and higher amenability to treatment. The past four decades, however, have witnessed a sustained movement to recriminalize delinquency through the enactment of policies that treat juvenile offenders more like their adult counterparts. Barry Feld (1999, 2003) and others have argued that this punitive turn in juvenile justice is in part a result of the racialization of delinquency in the post-civil rights era. This study provides the first test of the key assumption underlying this thesis, namely that whites' support for getting tough with juvenile offenders is in part tied to racialized views of youth crime. Using national survey data collected in 2010, I examine whether the racial typification of delinquency is related to views about juvenile justice polices. Specifically, the analyses evaluate whether the perception that blacks commit a larger proportion of juvenile crime than whites is associated with (1) punitive attitudes toward juvenile offenders, (2) preferences for more punitive delinquency prevention policies, and (3) support for providing rehabilitation and treatment programs to youthful offenders. I also test the assumption underlying research on the relationship between modern or symbolic racism and views about crime policy that racial resentment is related to punitiveness because racists typify crime as a black phenomenon (see Unnever and Cullen, 2009; 2010). The results support Feld's argument and show that the perception that blacks commit a larger proportion of juvenile crime in comparison to whites is positively related to both punitive attitudes toward juvenile offenders and preferences for more punitive delinquency prevention policies. Additionally, and controlling for punitiveness, racial typification of delinquency is negatively related to support for juvenile rehabilitation. However, I find no evidence that racial typification of delinquency interacts with racial resentment to influence views about juvenile justice. The implications of the findings are discussed. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the
requirements for the degree of Doctor of Philosophy. / Fall Semester, 2011. / September 7, 2011. / Juvenile Justice, Public Opinion, Racial Typification of Crime / Includes bibliographical references. / Ted Chiricos, Professor Directing Dissertation; John Taylor, University Representative; Daniel P. Mears, Committee Member; Eric A. Stewart, Committee Member.
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Prison Experiences, Social Ties, and Inmate Behavior: Examining Visitation and Its Effects on Incarceration and Reentry OutcomesUnknown Date (has links)
A large body of scholarship has focused on the factors that lead to improved prison social order and prisoner reentry outcomes. Research suggests that one such factor, social ties, are especially salient for helping individuals manage the myriad of challenges they face during incarceration and during the transition back into society. For example, social ties can help inmates cope with strain (Sykes 1958; Adams 1992), they can exert informal social control (Sampson and Laub 1993), they can help offset negative social stigma (Pager 2003; Uggen et al. 2004), and they can assist inmates with the practical challenges associated with reintegration back into society and after release from prison (Petersilia 2003; Visher and Travis 2003; Maruna and Immarigeon 2004; Naser and La Vigne 2006; Berg and Huebner 2011). This diverse body of research has spurred scholars to examine how the maintenance of social ties during prison contributes to in-prison and reentry outcomes (Wolff and Draine 2004; Naser and La Vigne 2006; Cobbina et al. 2012). To this end, scholars have focused on inmate visitation because it provides access to social ties during incarceration (e.g., Ohlin 1951; Glaser 1964; Holt and Miller 1972; Hairston 1988; Bales and Mears 2008; Siennick et al. 2013). Indeed, with few exceptions, visitation provides the only opportunity for inmates to have direct contact with family, friends, and community members. In so doing, it affords inmates some ability to preserve, develop, or sustain ties to social networks outside of prison, and to have sources of social capital on which to draw during and after incarceration. This dissertation contributes to scholarship on prison visitation, prison experiences, and social ties in several ways. First, it examines systematically the heterogeneity of prison visitation and advances a conceptual framework for theorizing, evaluating, and guiding visitation research. Second, it explores who is visited in prison by testing the relationship between a range of individual- and community-level factors and the frequency of visitation. Third, it explores the longitudinal patterns of visitation that inmates experience and assesses the extent to which these patterns are associated with in-prison misconduct. Fourth, and finally, it tests the effects of different visitation patterns on the likelihood of recidivism. Data for this dissertation were provided by the Florida Department of Corrections and include detailed information for all convicted felony offenders released from Florida prisons between 2000 and 2002. The data have several attributes that make them ideal for this study: they include inmates from multiple facilities across a single state, males and females, and large proportions of inmates from different racial and ethnic groups. Most importantly, and unusual in prison studies, the data contain comprehensive records of visitation events, which allow for analyses that can examine visitation experiences longitudinally. Analyses of the data point to several key findings. They highlight the heterogeneity inherent in inmate visitation, they identify several factors that are associated with visitation, and they underscore the salience of visitation for improving in-prison and post-release outcomes. More broadly, the findings underscore the need for more systematic analysis of prison experiences and their effects on prison social order and reentry. The dissertation concludes with a discussion of additional implications of the findings for theory, research, and policy. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the
requirements for the degree of Doctor of Philosophy. / Spring Semester, 2013. / March 1, 2013. / prison, prison social order, recidivism, reentry, social ties,
visitation / Includes bibliographical references. / Daniel P. Mears, Professor Directing Dissertation; Melissa Radey, University Representative; William D. Bales, Committee Member; Sonja E. Siennick, Committee Member; Eric A. Stewart, Committee Member.
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Unpacking the Sources of Racial Disparities in U.S. Imprisonment Rates: A County-Level Assessment of Historical Origins and Contemporary Social, Economic, and Political ConditionsUnknown Date (has links)
Relatively neglected in the literature on law and society has been the growing racial disparity in imprisonment observed during the era of mass imprisonment and the considerable geographic variation in the magnitude of this disparity. While some scholars have explored possible explanations for the observed racial disproportionalities during this period, they have focused on state-level patterns that mask significant within-state variation in the outcome. What is more, although the few published studies examining contemporary racial disparities in imprisonment rates have documented several key correlates, they have not devoted systematic attention to the role of history in explaining the observed patterns. This dissertation advances the theoretical and empirical literature on race and social control by examining both the historical origins and more localized social, economic, and political conditions that may explain racial disparities in imprisonment observed during the past several decades. Specifically, the study develops and tests models of between- and within-county variation in the black-white imprisonment gap from the early 1980s through the mid-2000s. The dissertation is organized around three overarching empirical questions related to county-level black-white disparities in prison admission rates. First, what is the nature of the spatial distribution of county-level racial disparities in prison admission rates observed during the contemporary era? Second, which social, economic, and political factors are most germane for explaining variation in racial disparities across American counties (within states) and over time? Finally, are contemporary racial disparities in imprisonment observed since the 1980s also a reflection of historically embedded conditions (i.e., state lynching rates and historical levels of state racial disparities in imprisonment)? These questions were examined using a panel dataset constructed to capture historical context and contemporary conditions for much of the mass imprisonment era. The key dependent variable--the black-white gap in prison admission rates (the natural log of the non-Hispanic white imprisonment rate subtracted from the natural log of the non-Hispanic black imprisonment rate)--was constructed using geocoded data on prison admissions from the National Corrections Reporting Program (NCRP) and population data from the U.S. Census Bureau. The two race-specific components used to compute this measure also were considered as outcomes to inform the findings observed for the black-white gap in prison admission rates. Using methods of exploratory spatial data analysis, significant univariate spatial dependence of racial disparities in imprisonment was observed. However, subsequent analyses indicated that this dependence was explained by the spatial distribution of theoretically germane explanatory variables. Multilevel mixed model regressions revealed significant variation in the black-white gap in prison admission rates during the era of mass incarceration both across and within counties. Drawing from the theoretical literature, several hypotheses were posed to explain this variability. The results indicated some support for hypotheses drawn from perspectives of interracial contact, economic threat, and religious fundamentalism, but no support for those relating to the influence of conservative political environments on racial disparities in post-arrest criminal justice processing. More specifically, interracial contact and relative economic conditions were found to have important implications for post-arrest decision-making. Counties with relatively large and growing white populations exhibited significant increases in the prison admission rates of blacks, and decreases in the rates of white imprisonment, yielding greater black-white disparities. Additionally, the black-white imprisonment gap was found to be significantly larger where black economic disadvantage was more prominent than white disadvantage. The results also suggest that growing racial segregation in housing contributed to increased levels of imprisonment of blacks relative to whites, a finding consistent with notions that segregation promotes anti-black effect, which is then translated into greater social control against blacks. Finally, no support was found for hypotheses drawn from partisan political perspectives; conservative political environments at the state-level were not found to play a significant role in explaining county-variation in black-white disparities in prison admission rates. Findings from the analysis incorporating historical measures of social control yielded no support for the idea that the geographic distribution of contemporary imprisonment rates parallel historical lynching patterns. However, the evidence does suggest that contemporary racial disparities may be a continuation of past imprisonment patterns. Specifically, counties nested within states that exhibited greater black-white imprisonment rates in 1960 were found to have significantly greater black-white disparities during the contemporary era. This appears to be a function of relatively low white imprisonment rates where black and white imprisonment rates historically were more equal. Future research points to the need for greater attention to the national-level influences and local political conditions affecting post-arrest criminal justice decision-making. Further, while it appears that historically rooted conditions may be relevant for explaining contemporary racial disparities, focused examination of how the social control of blacks has transformed throughout penal reform is necessary. / A Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the
requirements for the degree of Doctor of Philosophy. / Summer Semester, 2014. / July 17, 2014. / Includes bibliographical references. / Eric P. Baumer, Professor Directing Dissertation; Keith R. Ihlanfeldt, University Representative; Eric A. Stewart, Committee Member; Patricia Y. Warren, Committee Member.
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