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- All Subjects: Criminal Justice
- Creators: School of Criminology and Criminal Justice
Description
Criminal Justice is a complex subject matter, and not everyone agrees on the way a criminal justice system ought to function. But one feature that is common to virtually all forms of proposed justice systems is that a true justice system treats people ethically. The question, then, is how a justice system can achieve this. This investigation analyzed two ethical theories, Kantianism and Utilitarianism, to determine which one would be better suited for guiding a criminal justice system on how to treat the people involved ethically. This investigation focused on applying the two theories to the U.S. Criminal Justice System in particular.
Kantianism is a duty-based moral theory in which actions have an intrinsic moral worth. This means certain actions are morally right and other are morally wrong, regardless of the intended or realized consequences. The theory relies on the categorical imperative to judge the morality of certain actions. It states that an action is moral if its maxim can be willed universal law and if it avoids treating people as merely a means. In contrast, Utilitarianism is a consequentialist theory which focuses on the consequences of an action in judging moral worth. In Utilitarianism, the morally correct action is the one which will maximize utility; that is to say, the morally right action is the one which will produce the greatest amount of happiness and minimize the amount of pain for the greatest number of people.
After applying these two theories to moral dilemmas facing the U.S. Criminal Justice System, including the appropriate collection of DNA evidence, the use of police deception, and the use of criminal punishments such as solitary confinement or the death penalty, it was clear that Kantianism was the ethical theory best suited for guiding the system in treating people ethically. This is because Kantianism’s focus on the intrinsic moral worth of an action rather than its consequences leaves less room for ambiguity than does Utilitarianism.
Kantianism is a duty-based moral theory in which actions have an intrinsic moral worth. This means certain actions are morally right and other are morally wrong, regardless of the intended or realized consequences. The theory relies on the categorical imperative to judge the morality of certain actions. It states that an action is moral if its maxim can be willed universal law and if it avoids treating people as merely a means. In contrast, Utilitarianism is a consequentialist theory which focuses on the consequences of an action in judging moral worth. In Utilitarianism, the morally correct action is the one which will maximize utility; that is to say, the morally right action is the one which will produce the greatest amount of happiness and minimize the amount of pain for the greatest number of people.
After applying these two theories to moral dilemmas facing the U.S. Criminal Justice System, including the appropriate collection of DNA evidence, the use of police deception, and the use of criminal punishments such as solitary confinement or the death penalty, it was clear that Kantianism was the ethical theory best suited for guiding the system in treating people ethically. This is because Kantianism’s focus on the intrinsic moral worth of an action rather than its consequences leaves less room for ambiguity than does Utilitarianism.
ContributorsMorett, Xavier Laakea (Author) / Manninen, Bertha (Thesis director) / Kimberly, Kobojek (Committee member) / School of Criminology and Criminal Justice (Contributor) / School of Mathematical and Natural Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
The tough on crime movement in the United States was prevalent in the 1970's through 1990's; however, it seems to have never left Arizona. Arizona has the 6th highest prison population in America. According to the Arizona Department of Corrections, there are over 42,000 people incarcerated in Arizona and about half of those people have been in prison before. Other states populations are going down; ours is going up. While rising prison populations may not directly affect everyone in Arizona, they do have an indirect effect on everyone in Arizona. Recommendations to reduce correctional populations are often limited to "silos" of the correctional system. This is problematic, as only attending to one area of the system invites the other areas to block that progress. Seven steps that involve the entirety of Arizona's criminal justice system could help reverse the effects of Arizona's "tough on crime" era and reduce correctional populations. These steps should occur before, during, and after prison.
ContributorsBrinJones, Natalie Rae (Author) / Wright, Kevin (Thesis director) / Decker, Scott (Committee member) / Fizer, Greg (Committee member) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
Police use of force has become a topic of national discussion, particularly in the wake of the deaths of Michael Brown and Eric Garner. Currently, the focus seems to be on individual officers and their individual attitudes and beliefs. Given that use of force is an individual decision it is intuitive to think that an officer's decision to use force would be impacted by his or her attitudes and beliefs. This reasoning ignores the larger social and organizational contexts within which police officers are situated. Specifically, an officer's peer culture and department may exert control over his or her attitudes and behaviors regarding use of force. The purpose of the current study is to determine whether these larger social contexts impact an individual's perceptions regarding use of force. Using data from a nationally representative survey sample, the study finds that individual attitudes significantly predict officers' willingness to report another officer's excessive use of force. However, this relationship weakens when including measures of peer culture and departmental influence. These findings suggest that perceptions of use of force are influenced by more than just individual attitudes towards use of force. Limitations and future research suggestions are discussed.
ContributorsMorse, Stephanie Jean (Author) / Wright, Kevin (Thesis director) / Ready, Justin (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Department of Psychology (Contributor)
Created2015-05
Description
It is a tragic reality that many individuals in the criminal justice system suffer from a mental illness. As a result, both mental health programs and mental health courts have been developed in response to the increasing number of individuals in the criminal justice system that are suffering from a mental illness. The first objective of this review is to discuss the background on mental illness as it relates to the criminal justice population, and to understand the common causes of incarceration amongst the mentally ill, including the deinstitutionalization movement of the 1960s, the unavailability of intermediate and long-term hospitalization in state hospitals, more formal and rigid criteria for civil commitment, a lack of adequate support systems and access to mental health treatment in the community, and the high recidivism rates by these types of offenders. Considering these causes, another objective of this review is to compare and contrast the United States' first mental health courts, including those in Broward County, Florida, King County, Washington, San Bernardino, California, and Anchorage, Alaska, by ultimately focusing on the origins of each court, the stages of intervention, methods of entry, competency evaluations, treatment approaches, and disposition of charges. From there, this review considers the differences between the courts and proceeds with a synthesis of the common and recurring themes between them, and then ends with recommendations specific to the mental health court system on practices that can be implemented or altered in order to encourage a more effective form of justice for the mentally ill, and a discussion of the policy solutions that have already been proposed to address the problem.
ContributorsReynolds, Dylan Marie (Author) / Johnson, Eric (Thesis director) / Fradella, Hank (Committee member) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
The focus of this project is developing a business plan for faith-based counseling for college students. Renewed Living Counseling Center (RLCC) is a faith-based counseling center in the Tempe area serving Arizona State University students. RLCC strives to bring healing and wholeness to each student who comes through the doors, to empower them to realize and live out their potential, by providing them with the skills to accomplish their dreams and live full lives, through counseling, motivation, education, and treating studentʼs behaviors to become whole and successful. Research indicates that the proposed center, Renewed Living Counseling Center (RLCC), has great potential for success because:
1. Spirituality and faith are increasingly recognized as important aspects in a personʼs life. National research shows that 66% of people feel counseling should include spirituality. Research with ASU students found that students reflect this statistic, as they feel spirituality is an important part of counseling. Students also feel spirituality is appropriate to include as part of counseling services offered by centers referred to by ASU.
2. There is a need for counseling at ASU. Nationally,approximately1,100 college students commit suicide each year. At ASU, almost one-third of students reported feeling so depressed that it is difficult to function, and 0.9% report having attempted suicide within the past year.
3. Surveys of ASU students indicate that students who describe themselves as being religious are more desirous that counseling include a spiritual dimension. Surveys of campus pastors indicate that over 80% believe there is a need for faith-based counseling and would refer students to a local center.
4. Price is an issue. Indeed, a survey of campus pastors indicated that they believed cost of counseling to be one of the primary deterrents to students seeking help. One way to control costs is to use a mixture of residents and licensed counselors. As in medicine, students must complete coursework along with a period of residency or internship to obtain licensing. Both religious and secular masters programs in counseling exist in the greater Phoenix area. Thus, there is a potential supply of students who could work as residents, permitting RLCC to offer counseling services at reasonable prices.
1. Spirituality and faith are increasingly recognized as important aspects in a personʼs life. National research shows that 66% of people feel counseling should include spirituality. Research with ASU students found that students reflect this statistic, as they feel spirituality is an important part of counseling. Students also feel spirituality is appropriate to include as part of counseling services offered by centers referred to by ASU.
2. There is a need for counseling at ASU. Nationally,approximately1,100 college students commit suicide each year. At ASU, almost one-third of students reported feeling so depressed that it is difficult to function, and 0.9% report having attempted suicide within the past year.
3. Surveys of ASU students indicate that students who describe themselves as being religious are more desirous that counseling include a spiritual dimension. Surveys of campus pastors indicate that over 80% believe there is a need for faith-based counseling and would refer students to a local center.
4. Price is an issue. Indeed, a survey of campus pastors indicated that they believed cost of counseling to be one of the primary deterrents to students seeking help. One way to control costs is to use a mixture of residents and licensed counselors. As in medicine, students must complete coursework along with a period of residency or internship to obtain licensing. Both religious and secular masters programs in counseling exist in the greater Phoenix area. Thus, there is a potential supply of students who could work as residents, permitting RLCC to offer counseling services at reasonable prices.
ContributorsMatthews, Rachel Leigh (Author) / Steinbart, Paul (Thesis director) / Chung, Sally (Committee member) / Sanders, Ben (Committee member) / Barrett, The Honors College (Contributor) / School of Accountancy (Contributor) / WPC Graduate Programs (Contributor)
Created2014-05
Description
Forensic science has commanded the spotlight in mainstream media, both fact-based and fictional. Popular fictional shows, like CSI: Crime Scene Investigation, give unrealistic scenarios of criminal proceedings by forensic scientists and investigators. From inaccurate timetables to blurred job responsibilities, fictional media has spread misconceptions of the industry. Fictional shows depict unrealistic relationships between the investigators and the scientists. Documentary crime shows and movies, while based in fact, are often oversimplified for entertainment purposes. Public safety officials and the news media are often at odds. The media yearns to release case details as quickly as possible, while officials attempt to keep investigations closed to the public to minimize public harm. This research takes a unique approach to study the impact media entities have on the public's perception of Arizona's criminal just system, and how the system has responded as the public's expectations have been altered. Evidence collecting procedures have changed, along with the sheer volume of evidence processed on a daily basis at crime labs around the state. Courtroom procedures have also changed, as juries now expect physical evidence to be presented in every case. Mass media must do a better job of accurately portraying criminal investigative techniques in order to better educate the public, and to produce a better informed jury pool with reasonable expectations concerning criminal evidence. Higher education also has a significant role to play in both making the public aware of the power and limitations of forensic science, and in preparing future generations of forensic scientists.
ContributorsSmouse, Rebecca Jean (Author) / Lafond, Sue (Thesis director) / Brehman, Brian (Committee member) / Walter Cronkite School of Journalism and Mass Communication (Contributor) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
The purpose of this project was to evaluate possible adjudicative causes of wrongful convictions, which were strictly defined as cases where a defendant is convicted for a crime in which they are factually innocent. Most of the existing research on the causes of wrongful convictions suggests that errors occur during the investigative process. However, there is little to no research on how the court system, whose purpose is to catch and correct these mistakes prior to sentencing, fails to do just that. As such, a few possible adjudicative causes were proposed based on existing literature: errors in expert witness testimony, prosecutorial misconduct, representation by the defense, and race. Interview questions were generated based on each of these topics. Four attorneys \u2014 two prosecutors, one public defender, and one private defense attorney \u2014 were interviewed with these questions in order to qualitatively evaluate the legitimacy and the accuracy of these proposed adjudicative causes. The results indicated that attorneys rely on (and believe that jurors rely heavily on) an expert witness' performance rather than their statements and that race does not play a role in the likelihood that a defendant will be wrongfully convicted. Likewise, all four attorneys indicated that both prosecutors and defense attorneys are eager to pursue justice and that no one person is to blame for a wrongful conviction. In conclusion, errors made in the adjudicative process that lead to wrongful convictions might simply be the cause of human error.
ContributorsHietala, Kira Victoria (Author) / DeCarolis, Claudine (Thesis director) / Szeli, Eva (Committee member) / Department of Psychology (Contributor) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Hip-hop’s popularity has been steadily increasing since the late 1980s, with it becoming the most streamed genre of music in 2017. This rise in popularity is matched by an increase in the number of criminal court cases which implement one of hip-hop’s primary features, rap, as evidence. In order to build upon prior research regarding rap music’s implications in legal proceedings and begin to understand what impact this phenomenon might have, this study examines the function of rap music within a sample of court cases. The research was conducted using a qualitative content analysis. The sample consists of 184 criminal cases from a five-year-period selected from the LexisNexis®Academic database. From these cases, 7 principal patterns were established: (1) gang affiliation, (2) descriptions of criminal acts, (3) impermissible character evidence, (4) criminal intent, (5) threats, (6) artistic expression, and (7) inciting incidents. Each of these patterns was examined and analyzed with respect to the function of rap evidence within each case. Among these patterns, the most common was rap evidence bearing gang affiliation, and the least common was rap’s direct use in incidents which resulted in a criminal charge. Most cases, with its use as a threat being the major exception, appeared to implement rap as a supplementary piece of evidence. The analysis demonstrated that the increased usage of rap evidence in the criminal proceedings attests to the significant impact that the hip-hop genre can have a have on individual cases. This impact is defined by the function of rap evidence, and in this sense the contextual and historical significance of rap music becomes a factor in how it is utilized as a tool in the legal system.
ContributorsLutes, Erin (Author) / Fradella, Hank (Thesis director) / Fahmy, Chantal (Committee member) / School of Criminology and Criminal Justice (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
This study examined the criminal process for 355 sex traffickers involved in domestic minor sex trafficking (DMST) from the years 2010 and 2014 to analyze how the criminal justice system handles these cases and how their conduct could affect the types of cases that are being investigated. Areas of interest included traffickers' demographic information, criminal history and associations, recruitment and control techniques, victimology, how law enforcement officials became aware of the cases, details of the arrests, prosecutions, and sentencing. The cases from 2010 and the cases from 2014 were then compared using all of these factors to determine any significant changes in the practices of law enforcement officials and the types of cases that were investigated from 2010 to 2014. These changes will showcase some of the progress the criminal justice system has made in handling DMST cases, and also showcase some of the areas in which progress should still be made.
ContributorsWard, Tiana Lorelle (Author) / Roe-Sepowitz, Dominique (Thesis director) / Wallace, Danielle (Committee member) / Meekins, John (Committee member) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2015-12
ContributorsHolohan, Brynn (Author) / Henderson, Isabelle (Co-author) / DeCarolis, Claudine (Thesis director) / Robinson, Kevin (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Sandra Day O'Connor College of Law (Contributor)
Created2023-05