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- Creators: Barrett, The Honors College
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
Today's prison industrial complex in the United States often dehumanizes inmates simply because they are criminals. Members of the free society are generally too far removed from the inside of prisons that most people do not see the harsh and cruel conditions for and treatment of prisoners. As a Dance and Justice Studies major at Arizona State University, I was curious about how to intertwine my interests in dance and justice. This paper chronicles my exploration of adding a human rights issue to my dance practice through choreographing a solo dance performance based on Cleve Foster's unusual experience on death row. Research on theories of prison and punishment in American society combined with physical research in the dance studio enabled me to create a solo performance that shed light on the inhumane conditions for and treatment of prison inmates in today's society. Through the process, I found that some elements of my dance practice stayed the same, while others changed. This informed me of what continuously remains important to me, while allowing me to expand my personal dance practice. I ultimately discovered a bridge between my two passions, dance and justice, and learned a meaningful way to convey a contemporary social justice issue to the general public.
ContributorsKerr, Elena Marie (Author) / Schupp, Karen (Thesis director) / Vissicaro, Pegge (Committee member) / Barrett, The Honors College (Contributor) / Herberger Institute for Design and the Arts (Contributor) / School of Social Transformation (Contributor) / School of Film, Dance and Theatre (Contributor)
Created2015-05
Description
The United States criminal justice system seemingly contradicts the staples of freedom that the country was founded upon. Given that the U.S. leads the world in rate of imprisonment, "the land of the free" is actually better described as "the land of the imprisoned". Yet despite such meteoric imprisonment rates, there is no evidence that United States citizens commit more crimes than citizens of other countries. This leads to the deduction that there is a fundamental difference between the United States criminal justice system and that of other countries. While different does not always mean worse, it is undoubtable that the United States is currently facing a financial dilemma due to housing so many criminals. Further, prosecution of such a large number of citizens has led to a dichotomy in society that perpetuates recidivism among those imprisoned. Thus, reform activists are growing in number as the incarceration problem continues to perpetuate. Information Measurement Theory, a modern school of thought, is applied in this paper in order to develop practical improvements to the American criminal justice system. Information Measurement Theory is aptly named because it proposes universal axioms based upon the various levels of information perceived by human beings. It has already improved performance dynamics in various areas of business; therefore it has a great opportunity for success in refining the American prison industry. Staples of Information Measurement Theory allow the individual to simplify complex situations. Hence, it can be applied to simplify the conditions that have led to the current U.S. incarceration predicament. Three different specific areas of U.S. criminal justice will be addressed, and solutions will be presented that are complimentary to Information Measurement Theory fundamentals.
ContributorsMcLeod, Ian Nicholas (Author) / Kashiwagi, Dean (Thesis director) / Kashiwagi, Jacob (Committee member) / Barrett, The Honors College (Contributor) / Mechanical and Aerospace Engineering Program (Contributor) / Mechanical Engineering Program (Contributor) / Del E. Webb School of Construction (Contributor)
Created2015-05
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
Education, with emphasis on post secondary education, should become a top priority for policy makers with regards to the criminal justice system in the United States. Criminal justice funding within the United States is being applied increasingly to factors that correlate with high rates of recidivism such as housing increased numbers of inmates. Research strongly supports education in the mitigation of the rate of recidivism. Reducing the rate of recidivism helps to create a more sustainable influx of inmates into correctional facilities. Those who enter into prison are some of the most economically disadvantaged individuals in the United States. In comparison to the general population, the prison population has significantly lower formal education levels and lower literacy levels. Without access to an education, inmates have the greater struggle to reach economic livelihood. Limited access to education perpetuates a cycle of inequality and injustice and can contribute to high recidivism rates. Recidivism drives up the costs of taxpayer dollars. Effective means for integrating inmates into society, such as basic literacy training and access to post secondary educational programs, must be expanded on and implemented.
ContributorsAbraham, Kristen (Author) / Robertson, Sherry (Thesis director) / Bruhn, Karen (Committee member) / Ribeiro, Michelle (Committee member) / Barrett, The Honors College (Contributor)
Created2012-05
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 United States has become home to the largest incarcerated population in the world, containing 25% of the world's prisoners (NAACP, 2013). Within this population, young men of color appear to be severely overrepresented. This phenomenon can be better understood with the aid of a multi-disciplinary approach within the social sciences. Evolutionary theory is combined with multiple psychological and sociological perspectives, in order to more deeply understand the multi-level intersection of prejudice and discrimination against society's disadvantaged or vulnerable populations. A synthesis of the multiple theoretical angles of social dominance theory, affordance management, and life history theory is used to suggest a threat-based, attributional framework for understanding punitive decision-making and policy support. This conceptualization also considers the importance of the legal system in effecting social change. Future research within the legal arena is recommended to enable a more refined understanding of punitive ideology and implicit bias within the criminal justice system.
ContributorsLeiferman, Lindsay M (Author) / Szeli, Ãâ°va (Thesis director) / Gómez, Alan (Committee member) / Neuberg, Steven (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / Department of Psychology (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