Thesis (M.S.) -- Central Connecticut State University, 2009. / Thesis advisor: Stephen M. Cox. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 40-41). Also available via the World Wide Web.

The aim of this study is to understand changes in the criminal justice system and their effects on policy and practice within the probation service In England and Wales. Towards this aim it utilises the techniques of participant observation, interviews, documentary research and an extensive self-completion questionnaire. The study proceeds by examining the history and politics of the Service and the relationship of these to changes in internal policy and occupational practice. More specifically, it then considers the responses of one probation area. Therefore, the study does not separate the issue of environmental effects on an organisation and how that has consequences for policy and practice within the Service. Within the Treen policy process, an 'implementation gap' is found to exist between probation management (ACPO and above) and the front-line (probation officers and ancillaries). However, the study goes further by examining the issues of autonomy and accountability of probation staff in relation to the organisation itself , as well as other groups and agencies. Further, alterations in the roles of personnel are examined in relation to the changes which policy implies. Again, significant differences are found to exist between the two groups of staff mentioned above. In order to further understand these differences, the study then examines ‘everyday work’ and finds that discretion is a necessary feature for managing and controlling a probation work setting . In the process, the issue of the compatability of policy and practice is raised and found to be wanting. Utilising a model developed in chapter 2, the study then seeks to understand these tensions as stemming from the 'politics' of the ‘alternatives to custody industry’ with its emphasis on central control and punishment; a philosophy at odds with the Service's traditional humanitarian concerns. The study finds in the nature of policy, a need for both both uniformity and predictability in probation work. However, the working environment is found to be neither uniform nor predictable, with front-line personnel also firmly believing that they need discretion in order to exercise their duties effectively. Finally, from a further understanding of this 'politics of probation', the study finishes with beliefs on the future development of the Service.

As police personnel carry out their mandates of enforcing the law, maintaining order, and serving the public, they are entrusted to "practice what they preach." They are expected to abide by the rules, laws, and ethical principles that apply to them as they hold private citizens to account for violations of laws. When the police do not live up to this standard by committing police misconduct, it can tarnish not just the individual officer, but the department and jurisdiction as well. Police misconduct is a concern for society as police misbehavior can result in negative outcomes, such as distrust by the citizenry, poor police-community relations, and litigation. Therefore, it is important for academics and police administrators to gain a better understanding of why police personnel engage in occupational deviance. A sizable literature has identified several individual, organizational, and community-level correlates of police misconduct, but there is a general dearth of knowledge concerning criminological explanations for police misconduct. The purpose of this study was to assess the potential relationship between self-control and police misconduct utilizing two versions of self-control theory. The primary objectives of the dissertation were to: (1) investigate whether self-control predicts police misconduct; and, if so, (2) identify which version of self-control theory best explains police misconduct. The original version of self-control theory (Gottfredson and Hirschi, 1990) hypothesizes that crime and deviant behavior are the result of low self-control, which is characterized by impulsivity, a preference for simple tasks, a proclivity for risk-seeking activities, self-centeredness, and a quick temper. More than a decade later, Hirschi (2004) revised the theory in an effort to address several shortcomings of the original theoretical model. In this revision, he moved the focus away from the personality trait of self-control to a rational choice, decision-making conceptualization, which he argued is more consistent with the original intent of the theory. From this new perspective, self-control refers to an internal set of inhibitors that influence the choices people make. Data were collected through online surveys of 101 police supervisors within three U.S. police agencies. The respondents are part of a larger research project, known as the National Police Research Platform, which is funded by the National Institute of Justice. The data were analyzed using a series of correlational and multiple regression strategies. Based on theory and prior research, it was hypothesized that measures of both theoretical versions would significantly predict police misconduct and that, in a full regression model, both versions would yield significant (and independent) effects. As predicted by the hypotheses, the results demonstrated that low self-control (as a measure of Gottfredson and Hirschi's theoretical version) and revised self-control (as a measure of Hirschi's revised theoretical version) were both significantly related to past police misconduct and the likelihood of future police misconduct. Furthermore, both measures produced independent effects in full regression models. Lastly, as evinced by standardized regression coefficients, the results suggested that revised self-control is the superior theoretical version within the context of police deviance. The finding that self-control is related to police misconduct has important policy implications for police administrators. Specifically, it is recommended that administrators 1) bolster their personnel selection and hiring through the use of more judicious background investigations and increased use of psychological testing; 2) increase the use of integrity-testing strategies, such as early warning systems, to detect problematic employees; and 3) utilize quality police training programs with emphases on ethics, consequences of misbehavior, and mechanisms to strengthen employees' levels of self-control. Study strengths and limitations, as well as directions for future research, are presented.

A developing body of research within the fields of criminology and rural sociology has emphasized the importance of considering geographic place in the study of interpersonal violence, and domestic violence in particular. Exploring how place is related to domestic violence lends itself to considerations of geographic variation in socio-structural conditions. A handful of studies since the 1980s have explored structural correlates of intimate abuse largely rooted in one of two theoretical contexts: social disorganization or gender inequality/patriarchy. However, knowledge regarding the relationship between place, social structure, and specific types of violence remains limited. The present study is intended as an examination of the relationship between place, social structure, and intimate homicide. Specifically, this study explores the influence of rurality, social disorganization and gender inequality on male perpetrated-female victim intimate partner homicide (femicide). Analyses are also conducted on non-domestic homicide to serve as a comparison to femicide findings. Several research questions are explored including, (1) does rurality have a significant relationship with femicide rates, (2) does structural gender inequality have a significant relationship with femicide rates, and is this relationship conditioned by rurality, (3) does social disorganization have a significant relationship with femicide rates, and is this relationship conditioned by rurality. All research questions are also explored for non-domestic homicide rates. The data come from several sources including the 2000 U.S. Census (theoretical indicators and control variables), the U.S. Department of Agriculture's Economic Research Service (measure of rurality), the North Carolina State Center for Health Statistics (measure of homicide), and the North Carolina Coalition Against Domestic Violence (measure of femicide). A unique contribution of this study is the use of non-official data sources for homicide measures which are not bound by the same limitations (e.g., accuracy, voluntary reporting) that limit the commonly utilized UCR and SHR data. Negative binomial regression is used to analyze county-level rates of femicide and non-domestic homicide for the population of North Carolina counties (N=100).The results indicate that (1) place does matter, as illustrated by significantly higher risk of femicide and non-domestic homicide victimization in rural counties compared to non-rural counties; (2) increasing female equality in rural counties may serve as a protective factor against femicide victimization, but this relationship is mediated by social disorganization; and (3) increasing social disorganization in non-rural counties is associated with higher risk of non-domestic homicide. The present study has several implications for femicide and disaggregated homicide research. First, the findings demonstrate the importance of considering geographic location in modeling structural theoretical indicators and processes. Second, the significance of certain theoretical indicators representing both gender inequality and social disorganization contribute to the development of a matrix of risk that can be used to encourage and/or justify the more arduous task of testing fully specified models of the theories across place. Third, the present study contributes to the literatures extending social disorganization to rural places and to domestic violence, and the role of structural gender inequality in gendered violence. Future research exploring structural explanations for intimate partner homicide are urged to make comparisons across disaggregated homicide types and, most importantly, consider the influence of rurality.

Current sex offending legislation and public opinion present an image of sexual offenders as specialized predators who are likely to exhibit continued sexually deviant behavior over the life-course. Although sex offending continuity and post-release recidivism has been independently assessed in prior research, the potential link between sex offending continuity and post-release recidivism has yet to be investigated. Using data collected on random samples of sex offenders from a Northeastern state, the present study examines the predictability of sex offender continuity and its potential linkages with general and sex recidivism, as well as identifying distinguishable risk factors related to these outcomes. Logistic regressions provided support for all but one of the four key hypotheses proposed. Specifically, results indicate a low rate of sex offending continuity among the sample, and the presence of identifiable risk factors that distinguish sex offenders who demonstrate continuity from those adult sex offenders who do not display sex offending continuity. Specifically, non-juvenile sex offending is the most notable of the numerous risk factors found to be associated with those displaying sex offending continuity from adolescence into adulthood. Analyses also reveal a significant association between sex offending continuity and sexual recidivism, but not general recidivism. Evidence of identifiable risks factors for both sex and general recidivism are reported. Policy implications, study limitations, and directions for future research are also presented.

Not available / text

published_or_final_version / History / Master / Master of Philosophy

One of the most famous opinions in American jurisprudence is that of the United States Supreme Court in the case of Miranda v. Arizona. 384 U.S. 436 (1966). The Court’s prophylactic rule in Miranda has been followed in both state and federal courts with little derogation for over thirty years. On February 8, 1999, in Dickerson v. United States. 166 F.3d 667, the United States Court of Appeals for the Fourth Circuit ignored Miranda, turning instead to 18 U.S.C. § 3501, a relatively obscure federal statute enacted in 1968 in response to the Court’s decision in Miranda. The United State Supreme Court granted certiorari and heard oral arguments early in the summer of last year and on June 26, 2000, the Court reversed the opinion of the Fourth Circuit in Dickerson and reaffirmed Miranda and its progeny. There were many who felt the need for Miranda had passed; indeed, Congress enacted a legislative replacement just a few years after Miranda, and even today educators and politicians continue to criticize the opinion. The discussion in Dickerson focused on whether Miranda was a constitutional rule and thus, whether § 3501 of the United States Code was a proper exercise of Congress’ power. Had that argument been successful, § 3501 would have been validated and Miranda would have faded into quiet disuetude. But the argument failed. The Supreme Court rejcted § 3501 and reaffirmed Miranda and preserved all of its exceptions; exceptions created by the Court itself. Thus Miranda is still the law today, despite its steady erosion by the judiciary over the decades and despite the early attempt by Congress to legislate an alternative.With the opinion in Dickerson, the Court has made it quite clear that Miranda will linger into the uncertain future. Acknowledging Miranda’s survival, this thesis will explore the relevant facts and opinions in some detail then submit an alternative to the unpleasant result reached when a defendant’s voluntary confession is suppressed due to a technical violation of the Court’s famous rule.

This dissertation has three main parts. In the first part, the construct of psychopathy is described, its theoretical relevance for predicting recidivism is examined, and the literature on The Hare Psychopathy Checklist-Revised (PCL-R; Hare, 1980, 1991) and recidivism is briefly reviewed. The association between psychopathy and recidivism (general, violent) was examined in five samples (N > 800 inmates) of provincial and federal male inmates who were incarcerated in British Columbia between 1964 and 1995. Results were consistent across samples and across measures and indicated that psychopathy was positively associated with recidivism. These findings indicate that psychopathy is important for identifying inmates who are at risk to be reconvicted. In the second part of the dissertation, a comprehensive and empirically-based set of crime categories was developed. Crimes were sorted into 200 descriptive categories and then collapsed into broader categories using frequency counts and factor analysis. Results indicated that the four most frequently occurring crime categories (break and enter, fraud, theft, possession of illegal property) accounted for more than half of all convictions, whereas the remaining 25 crime categories accountedfor less than half of all convictions. In the third part of the dissertation, PCL-R scores, frequency counts for the crime categories, and basic demographic variables, were entered into a stepwise discriminant function analysis to predict general recidivism (yes, no) and into another discriminant function analysis to predict violent recidivism. The percentage of general recidivists who were correctly classified (81.3%) was similar in magnitude to the base rate of general recidivism (81.1%). In terms of violent recidivism, five variables (PCL-R scores, two age variables, previous convictions for robbery and for assault) emerged as important predictors. Scores on each of these five predictors were assigned weights, and the weights were summed together to form a violence risk score. Higher scores on the violence risk scale identified inmates who were at higher risk to be convicted of violent recidivism. Scores on the risk instrument correctly classified 62.2% of inmates into violent (yes, no) recidivism groups. These results held-up under cross-validation; in an independent sample of 124 inmates, 64.5% of inmates were correctly classified. The findings indicate that the violence risk scale has promise as a measure for identifying inmates who are at risk to be convicted of future violence.

This thesis ascertains the factors that are responsible for the phenomenon of organized crime in Canada and India and suggests necessary measures for combating the same. The thesis explores the concept of organized crime, its history, threat perception, experience of the two countries and analyzes the effectiveness and critique of the legislations adopted in the direction. The thesis also analyzes the whole scenario in Canada and India in order to determine the factors behind the phenomenon. In the process, available literature as well as statistical data and information available on the web addresses of concerned governmental departments and agencies is reviewed to arrive at an understanding of the scenario from perspective of a developed and a developing country. The thesis concludes that ineffective legislative measures coupled with corruption and the social reality that there is a market for illegal products is responsible for the phenomenon of organized crime in Canada and India. Moreover, overemphasis on legislative and enforcement measures has been ineffective as a solution for the problem. The factors responsible for the phenomenon in the two countries can be classified into legislative inadequacies, societal preferences and secondary factors such as lack of study of political corruption, criminalization of politics, lack of political will, lack of research initiative in the area and abuse of provisions. Apart from overcoming the shortcomings of legislative measures, it is necessary to adopt a holistic approach to fight the phenomenon. The measures in the said direction include emphasis on preventive measures, creating public awareness to obligate public policy, overhauling of criminal justice system, revising and improving enforcement agencies’ training manuals, and revising the pay scales of police personnel. / Thesis (Master, Law) -- Queen's University, 2009-06-08 16:02:33.66