Examining the Treatment of American Indian Defendants in United States Federal Courts

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Description
In this dissertation, I examine the treatment and sentencing of American Indian defendants. This work contributes to research on cumulative disadvantage and the role race and social context play to influence federal sentencing outcomes. Disparities in federal sentencing for racial

In this dissertation, I examine the treatment and sentencing of American Indian defendants. This work contributes to research on cumulative disadvantage and the role race and social context play to influence federal sentencing outcomes. Disparities in federal sentencing for racial and ethnic minorities are an important concern to scholars and policy makers. Literature suggests that blacks and Latinos are sentenced more harshly than similarly situated white offenders. These findings are concerning because they suggest that minorities are treated unfairly by the criminal justice system, questions the legitimacy of how offenders are processed and treated, and defendants of color who are meted out tougher punishments face substantial social and economic difficulties thereafter. Although the black-white and Latino-white disparities have been identified and highlighted, less is known about whether disparities extend to other minority groups, and consequently little is known about the treatment of these neglected groups.

I investigate whether American Indian defendants experience cumulative disadvantages at multiple decision points, disadvantage over time, and the effect of social context on drawing on American Indian disadvantage, the focal concerns and minority threat perspectives. The focal concerns perspective is used to develop hypotheses about how American Indian defendants will receive harsher punishments at multiple decision points. I also use this perspective to predict that American Indian disadvantages will increase over time. Lastly, I examine social context and its effect on punishment decisions for American Indians using the minority threat perspective. I hypothesize that 
social context impacts how American Indian defendants are sentenced at the federal level.

Data come from the Federal Justice Statistics Program Data Series, the US Census, and the Uniform Crime Report, with a focus on data gathered from the Administrative Office of the United States Courts and the United States Sentencing Commission. A range of modeling strategies are used to test the hypotheses including multinomial logistic regression, ordinary least squares regression, and multilevel modeling.

The results suggest that cumulative disadvantages against American Indian defendants is pronounced, American Indian disparity over time is significant for certain outcomes, and social context plays a limited role in American Indian sentencing disadvantage.
Date Created
2019
Agent

All support is not created equal: examining the effects of positive and negative emotional family support on recidivism among formerly incarcerated individuals

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Description
As scholars continue to generate research on social support, so has the realization that our understanding of this theoretical concept is not so clear. Originally introduced by Francis Cullen in 1994, social support has traditionally been examined as a

As scholars continue to generate research on social support, so has the realization that our understanding of this theoretical concept is not so clear. Originally introduced by Francis Cullen in 1994, social support has traditionally been examined as a single measure. Cullen, however, posits that there are numerous forms of social support that can be provided by different actors. Little research has sought to examine these different forms of social support and their relationship with recidivating. Further, the extant literature generally places social support in the positive light, hypothesized to have an inverse relationship with crime. Studies have shown, however, that not all social support provides an inverse relationship with recidivism, and instead, some forms of support may actually increase an individual’s likelihood of recidivating. Using data from the Serious and Violent Offender Reentry Initiative, this dissertation examines both positive and negative emotional family support and the effects they have on the likelihood that formerly incarcerated individuals will recidivate. Utilizing discrete time hazard modeling, and controlling for instrumental family and instrumental peer support, results reveal that while positive emotional family support does indeed have an inverse relationship with recidivating, negative emotional family support has a more salient and direct relationship with recidivating. Additionally, other findings are explored, along with implications for criminological theory, correctional programming, and criminal justice policy.
Date Created
2019
Agent

The CPS Paradox: Life Course Criminology, Juvenile Justice, and Growing Up in Child Protective Services

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Description
In the United States, approximately 400,000 youth are in out-of-home care in the custody of child protection systems (CPS). They are incarcerated, but not as punishment for a crime. States place youth in CPS custody for many different reasons, centered

In the United States, approximately 400,000 youth are in out-of-home care in the custody of child protection systems (CPS). They are incarcerated, but not as punishment for a crime. States place youth in CPS custody for many different reasons, centered around legal determinations of families’ failure to provide adequate care. Such youth are forcibly separated from their biological (“bio”) families and required to live in shelters, group homes, and foster households at the threat of arrest. Through the socio-legal concept of parens patriae, the government assumes responsibility for their safety and development. In other words, the state assumes the role of parents to children it places in CPS. Still, despite years of social work research, three fundamental questions remain about CPS for criminology. First, criminologists are beginning to recognize the overlap between criminology and CPS but lack a theoretical framework for analyzing that intersection. Second, the proper role of the state in youth development and the measurement of its relative success are of central importance to criminal justice, but at best loosely defined. Finally, this dissertation asks: how do entering CPS custody, growing up in state care, and (someday) exiting CPS shape the experiences and perceptions of CPS youth? Given the attenuated social processes associated with CPS, criminologists might expect youth to experience significant barriers to transitioning successfully to adulthood. At the same time, therapeutic assessment and treatment in CPS should ameliorate those barriers. This dissertation addresses that theoretical paradox in eight chapters. After an introductory overview, Chapter Two posits social control, social support, and agency over the life course as a theoretical framework for understanding the implications of growing up in CPS. Chapter Three details the phronetic and ethnographic approach of the study, designed to encounter the perspectives of youth themselves in their “natural” setting. Chapters Four through Seven present findings from interviews with participants in an arts-based therapy program for youth in CPS (n=33). Chapter Eight concludes the study with a discussion of the implications of this work for criminological research, juvenile justice policy, and youth who grow up in CPS.
Date Created
2018
Agent

Physical Health, Social Support, and Reentry: A Longitudinal Examination of Formerly Incarcerated Individuals

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Description
Incarceration has a lasting and robust impact on individuals’ health, social support networks, and general well-being. Yet the role of carceral or personal factors in health outcomes remains unclear, particularly for racial and ethnic minorities. Prisons, with crowded living areas

Incarceration has a lasting and robust impact on individuals’ health, social support networks, and general well-being. Yet the role of carceral or personal factors in health outcomes remains unclear, particularly for racial and ethnic minorities. Prisons, with crowded living areas and shared bathroom facilities, invite the spread of infectious diseases such as hepatitis C and HIV/AIDS. The overwhelming majority of incarcerated individuals will eventually be released back to their communities, bringing with them any health-related issues acquired in prison and beforehand. This makes ex-prisoners’ health a correctional and public health and safety issue. Accordingly, this study seeks to advance our understanding and improve correctional policy by (1) assessing the factors that affect the adverse physical and mental health of returning prisoners, (2) determining how different types of social support (instrumental or emotional) and stress alter the relationship between health and positive reentry outcomes, and (3) examining how health, stress, and social support influence offending and drug use. The broader purpose of this research is to inform correctional policy and practice, engage public health concerns about ex-prisoners, and create a cost-effective model to decrease the stressors related to offender reentry, with the ultimate aim of reducing recidivism. The study includes 802 male ex-prisoners, with an original target sample size of 400 gang and 400 non-gang members identified using disproportionate stratified random sampling techniques. The study was conducted in cooperation with the Texas Department of Criminal Justice (TDCJ) in two prisons. Data come from the National Institute of Justice (NIJ) funded LoneStar Project and include a battery of survey questions about demographic information, physical and mental health, criminological theoretical constructs, release planning, criminogenic attitudes, and gang membership. The dissertation uses two waves of the LoneStar Project: an in-prison baseline interview, administered a week before release, and an interview administered over the phone at one month post-release. After conducting descriptive analyses, regression modeling will be used to assess the effects of the key independent variables on physical health and later, self-reported offending, net of appropriate controls. Results and relevant policy implications are discussed and should appeal to criminologists, health scholars, policymakers, and practitioners.
Date Created
2018
Agent

People's Perception of Muslims in America

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Description
This study provides insight into the perceptions of peoples by assessing their reaction to Muslim and non Muslim couples at two different settings and showing them four photographs of in which two of them have the non Muslim couple and

This study provides insight into the perceptions of peoples by assessing their reaction to Muslim and non Muslim couples at two different settings and showing them four photographs of in which two of them have the non Muslim couple and two have the Muslim couple. I examine various themes in the responses, including minority, racism, terrorism, hijab and acceptance. Results show that respondents frequently associated traditional clothing with one of the four themes when shown photos of the Muslim couple compared to photos of the non Muslim couple.
Date Created
2016-12
Agent

Nopal En La Frente"": Latino(s) Perceptions of Disorder and Neighborhood Ethnicity

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Description
Wilson and Kelling's (1982) broken windows theory (BWT) says that disorder causes crime at the neighborhood level. More specifically, this theory posits that perceptions of disorder increase fear of crime, which then reduces community involvement, making crime more likely. Recent

Wilson and Kelling's (1982) broken windows theory (BWT) says that disorder causes crime at the neighborhood level. More specifically, this theory posits that perceptions of disorder increase fear of crime, which then reduces community involvement, making crime more likely. Recent studies show that race plays a pivotal role in people's perceptions of disorder. In short, people tend to associate race with low socioeconomic status, high arrest rates, and lack of policing. Therefore, race plays a central role in the BWT framework as it is linked to perceptions of disorder and crime. However, ethnicity is less well understood when analyzing the perceptions of disorder. To explore this further, the current study examines Latino responses regarding safety and ethnicity to a photograph depicting a religious mural of importance for the Mexican community (La Virgen de Guadalupe). This paper qualitatively analyzes a sample of 299 survey responses of undergraduate Latino students to better understand how Latinos recognize and identify their own culture/heritage and disorder. Implications for understanding ethnicity and broken windows theory are discussed.
Date Created
2015-05
Agent

Criminal Justice Response to the Sex Trafficking of Minors

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

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.
Date Created
2015-12
Agent

Examining the Relationship Between Agency Size and Aggression During Police-Citizen Encounters

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Description
Prior ethnographic research has found some relatively consistent factors that influence an officer’s use of force (e.g., organizational and suspect and officer characteristics). However, very little research has explored the effect department size in and of itself may have on

Prior ethnographic research has found some relatively consistent factors that influence an officer’s use of force (e.g., organizational and suspect and officer characteristics). However, very little research has explored the effect department size in and of itself may have on force displayed during a police/citizen encounter. This study used data from the 2010 – 2013 Arizona Arrestee Reporting Information Network (AARIN) to examine the relationship between departmental size and officer use of force. Participants in this data collection cycle were limited to adult male and female arrestees (N = 2,273). AARIN personnel conducted confidential interviews and used a Police-Contact Addendum to document the type of forced employed by police during their current arrest. This study sought to answer the following research question: does the likelihood of an officer employing use of force increase (or decrease) in relation to department size the officer is nested in? The results indicate that citizens who are arrested by officers from a larger agency are more likely to report experiencing use of force during their arrest when compared to those arrested by officers from small and medium sized agencies.
Date Created
2017
Agent

The Influence of Incarceration and Re-Entry on the Availability of Health Care Organizations in Arkansas

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Description

Background: Studies show that ex-prisoners often experience more health problems than the general population; unfortunately, these issues follow them upon their release from prison. As such, it is possible re-entry rates signal the need for neighborhood-based health care organizations (HCOs). We

Background: Studies show that ex-prisoners often experience more health problems than the general population; unfortunately, these issues follow them upon their release from prison. As such, it is possible re-entry rates signal the need for neighborhood-based health care organizations (HCOs). We ask: are incarceration and re-entry rates associated with the availability of HCOs?

Methods: Using 2008 Central Business Pattern data, 2008 prison admissions and release data, and 2000 and 2010 census data, we test whether prison admission and release rates impact the availability of HCOs net of neighborhood characteristics in Arkansas using Logit-Poisson hurdle models with county fixed effects.

Results: We find that the incarceration and re-entry rates – together known as coercive mobility -- are related to whether a neighborhood has one or more HCOs, but not to the number of HCOs in a neighborhood.

Conclusion: Future public policies should aim to locate health care organizations in areas where there is significant churning of individuals in and out of prison.

Date Created
2015-02-24
Agent

Criminal capital and the transition to adulthood

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Description
Life course criminology is characterized by a two-pronged approach to research. The first branch emphasizes social integration and involvement with pro-social institutions as turning points in the criminal career. The second branch of this work assesses how access to the

Life course criminology is characterized by a two-pronged approach to research. The first branch emphasizes social integration and involvement with pro-social institutions as turning points in the criminal career. The second branch of this work assesses how access to the institutions that facilitate social integration are conditioned by factors such as involvement in the criminal justice system. Theories of capital are chiefly concerned with social integration and the continuity of conventionality, conformity, and prosperity offered through social ties and social networks. Absent from life course criminology is a better understanding of how different forms of criminal capital can influence access to institutions like higher education, marriage, and employment during the transition to adulthood. Drawing on insights from distinct bodies of literature on peers, capital, and status attainment, the present study elaborates on the influence of criminal capital for (un)successful transitions to adulthood. Using three waves of data from the National Longitudinal Study of Adolescent to Adult Health (“Add Health”), the effects of adolescent criminal social capital on criminal cultural and human capital, and subsequent educational, occupational, and marital attainment in early adulthood are examined. Results from a series of regression models demonstrate that criminal social capital has minimal effects on fatalistic beliefs or thoughtful and reflective decision making, and that these forms of criminal capital generally have inconsistent effects on later life transitions. Implications for theory and future research are discussed.
Date Created
2016
Agent