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- Creators: Fradella, Hank
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
Debates about criminal justice have erupted onto the American political scene in recent years. Topics like mass Incarceration, civil asset Forfeiture, three strike laws, and mandatory minimums have been dredged up and discussed at every level of government from county courtrooms to state legislatures and all the way up to the halls of the US Senate and the desk of the White House. According to Marc Mauer of the Sentencing Project, a non-profit entity focused on prison population reduction, this new focus has yielded some important victories with New York, and New Jersey both reducing their respective prison populations by 26% between 1999 and 2012 (1). In the summer of 2015, President Obama became the first sitting President in American history to visit a prison. His visit to El Reno Prison, just outside of Oklahoma City, came on the heels of a speech against Mass Incarceration that the President made at an NAACP conference in Philadelphia (Horsely). The movement for change had reached all the way to the desk of the oval office. Indeed, it is of little wonder why our criminal justice system has come under such close scrutiny. With mass protests breaking out around the nation due to clashes between the criminal justice system and those it has victimized, the rise of a new Black Lives Matter movement, and an overburdened prison system that houses almost 25% of the world inmates (Ya Lee Hee), criminal justice in America has been driven to an ideological and financial breaking point. In a nation that purportedly values freedom and individual choice, the stark realities of our prison system have created a divide between those that would reform the system and those who seek to keep the status quo. I align with those stakeholders that desire comprehensive reform. In my opinion, it is no longer fiscally responsible, nor morally credible to lock American citizens up and throw away the key. The days of tough on crime, of Willie Horton, and of super predators are gone. Crime has been reduced to historic lows in almost the entire country despite significant increases in the population. According to Oliver Roeder, in a Brennan Center scholarly article, violent crime has been reduced by 50% since 1990 and property crime has been reduced by 46% (Roeder et al, p.15) while the population during this same period has grown by how much 249 million to 323 million, almost 30%. For the first time in almost 20 years, the conversation has finally shifted to how we can make the system equitable. My vision for our criminal justice system will stretch beyond the following plan to revise truth in sentencing. TIS remains a small component of a much larger question of our justice system. It is my fundamental belief that the way America treats its offenders needs reformation at every level of the system, from the court, to the prison. It is my view that our prerogative when treating offenders should be to address the root causes of crime, that is the societal structure that causes men and women to commit crime. Poverty, education, economics, and community reinvestment will be just some of the issues that need to be addressed to secure a better future. If we seek true justice, then we must seek to reinvest in those communities that need it the most. Only then can the lowest rungs of our society be given the opportunity to climb upward. In my view, a reimagined prison system idealistically strives to put itself out of business.
ContributorsHolbert, Connor Michael (Author) / Herrera, Richard (Thesis director) / Wells, Cornelia (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
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
By providing vignettes with manipulated scientific evidence, this research examined if including more or less scientific detail affected decision-making in regards to the death penalty. Participants were randomly assigned one of the two manipulations (less science and more science) after reading a short scenario introducing the mock capital trial and their role as jury members. Survey respondents were told that a jury had previously found the defendant guilty and they would now deliberate the appropriate punishment. Before being exposed to the manipulation, respondents answered questions pertaining to their prior belief in the death penalty, as well as their level of support of procedural justice and science. These questions provided a baseline to compare to their sentencing decision. Participants were then asked what sentence they would impose \u2014 life in prison or death \u2014 and how the fMRI evidence presented by an expert witness for the defense affected their decision. Both quantitative and qualitative measures were used to identify how the level of scientific detail affected their decision. Our intended predictor variable (level of scientific detail) did not affect juror decision-making. In fact, the qualitative results revealed a variety of interpretations of the scientific evidence used both in favor of death and in favor of life. When looking at what did predict juror decision-making, gender, prior belief in the death penalty, and political ideology all were significant predictors. As in previous literature, the fMRI evidence in our study had mixed results with regards to implementation of the death penalty. This held true in both of our manipulations, showing that despite the level of detail in evidence intended for mitigation, jurors with preconceived notions may still disregard the evidence, and some jurors may even view it is aggravating and thus increase the likelihood of a death sentence for a defendant with such brain abnormalities.
ContributorsBerry, Megan Cheyenne (Author) / Fradella, Hank (Thesis director) / Pardini, Dustin (Committee member) / Department of Psychology (Contributor) / School of Life Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral appeal as well, exploring the implications of such a decision and the criteria that should be used to make the decision in the case before the court, Edwards v. Vannoy (2021). Ultimately, I find that because the criteria currently used to determine retroactivity of new criminal precedents does not provide a clear answer to the question posed in Edwards, the Court should give more weight to the defendant's freedoms pursuant to the presumption of innocence while considering the potential for any disastrous outcomes.
ContributorsCaldwell, Rachel Lillian (Author) / Hoekstra, Valerie (Thesis director) / Bender, Paul (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Social Transformation (Contributor, Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
The design and intent of this research proposal was unknowingly established during my first semester at Arizona State University. Dr. John Hepburn, my Introduction to Criminology professor at the time, and I created an honors contract where I would be conducting a qualitative research project with the municipality of Chandler, Arizona. This encompassed two main components: 28 hours of ride-alongs with the Chandler Police Department during their over-night shifts and, secondly, four additional hours observing the criminal courts at Chandler Municipal Court. This entailed the very start of my first-hand exposure to the American—and more specifically the Arizona—criminal justice system. At the conclusion of this experience, the need for reform and equity within our current criminal justice system divulged. Thus, I was inspired to dedicate the prompt of my honors thesis project to the Arizona criminal justice system and the Arizona community.
As my academic career progressed at ASU, I witnessed the Black Lives Matter and Blue Lives Matter movements emerge, accompanied with a polarization between communities and U.S. law enforcement. This exposure led the mission of my honors thesis project towards helping alleviate those tensions. With the help of my committee, I found it most appropriate to investigate the community-police programs that already exist and seeing how communities across the states can develop not a single community police program but develop a mechanism for tailoring and modernizing programs as needed.
As my academic career progressed at ASU, I witnessed the Black Lives Matter and Blue Lives Matter movements emerge, accompanied with a polarization between communities and U.S. law enforcement. This exposure led the mission of my honors thesis project towards helping alleviate those tensions. With the help of my committee, I found it most appropriate to investigate the community-police programs that already exist and seeing how communities across the states can develop not a single community police program but develop a mechanism for tailoring and modernizing programs as needed.
ContributorsHernandez, Daisy (Author) / Hepburn, John (Thesis director) / Robinson, Kevin (Committee member) / School of Politics and Global Studies (Contributor) / School of Public Affairs (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
The United States (USA) and the United Kingdom (UK) have a long and complicated history, but through this they have learned an abundance of things from each other. In this paper, I will argue that the two countries still have much to learn from each other to this day about how to enforce the law and manage crime. An important structure that the United Kingdom helped influence the United States in was the development of their criminal justice system. Although the two country’s values differ, there are great similarities in the ways the two countries deal with crime but numerous differences as well. Looking deeper into the differences between the two systems can help future research identify new and innovative ways to combat crime and actively reduce crime rates. This paper will compare violent crime rates in the USA and UK for four years (2014, 2015, 2016, 2017). Doing so will provide evidence regarding the degree to which the police in each country have been able to effectively enforce the law. After evaluating these differences, I will conclude with a discussion of the key items that I believe each country should take from the other to create a path forward to better justice. Our societies are constantly evolving, creating a necessity to progress our laws and aspects of the criminal justice system, and examining internal workings will only tell so much. There is never a reason to stop learning from each other, which is why this type of research is important.
ContributorsEubanks, Hannah E. (Author) / Spohn, Cassia (Thesis director) / Fradella, Hank (Committee member) / Department of Psychology (Contributor) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
Mental health in the profession of policing is a topic that needs more attention. Many departments have readily available mental health resources however, they are only mandated for officers to use after an incident such as a shooting or suicide has occurred. Shift work, and police culture coupled with the traumatic events that take place on the job negatively impact the mental health of officers and more support is needed for officers to overcome their mental struggles. Through snowball sample interviews of officers and those who work with officers in a mental health capacity, this thesis found that it is evident that most police departments should be more proactive instead of reactive with their mental health support. Police officials should take mental health as seriously as physical health.
ContributorsChristino, Elina (Author) / Wallace, Danielle (Thesis director) / Katz, Charles (Committee member) / Maguire, Ed (Committee member) / Barrett, The Honors College (Contributor) / School of Politics and Global Studies (Contributor) / School of Criminology and Criminal Justice (Contributor)
Created2023-12