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TRANSFERRING JUVENILES TO THE ADULT COURT: A FACTORIAL SURVEY OF FLORIDA PROSECUTORS
Title
TRANSFERRING JUVENILES TO THE ADULT COURT: A FACTORIAL SURVEY OF FLORIDA PROSECUTORS.
Creator
King, Robin, Applegate, Brandon, University of Central Florida
Abstract / Description
Prosecutors have enormous discretion in the criminal justice system. Their decisions can ultimately impact and shape the course of the lives of the offenders whom they prosecute. This is certainly true for juvenile offenders considered for transfer to the adult court. Previous research indicates that serious, violent offenders are the most likely to be transferred to the adult court. However, very little is known on prosecutors' views of the role of the juvenile court, the process of...
Show moreProsecutors have enormous discretion in the criminal justice system. Their decisions can ultimately impact and shape the course of the lives of the offenders whom they prosecute. This is certainly true for juvenile offenders considered for transfer to the adult court. Previous research indicates that serious, violent offenders are the most likely to be transferred to the adult court. However, very little is known on prosecutors' views of the role of the juvenile court, the process of transfer or the facts that influence their decision to transfer a juvenile to the adult court. A statewide survey of 800 Florida prosecutors was implemented using factorial vignettes. The results indicate that prosecutors support the idea of transfer generally, particularly when they are making the final determination to transfer to the adult court. Further, prosecutors indicate that juvenile transfer should be used sparingly, in extreme cases that are not appropriate to the resources of the juvenile court. The data were also examined to determine the effect of juvenile offender and juvenile offense characteristics on the decision to transfer a juvenile to the adult court. Analysis revealed several significant predictors of preference for transfer: age, threat to society, presence of a violent offense, ethnicity of juvenile, presence of prior adjudications, and amenability to treatment.
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Date Issued
2006
Identifier
CFE0001266, ucf:46937
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0001266
TESTING DETERRENCE THEORY WITH OFFENDERS: ASSESSING THE EFFECTS OF PERSONAL AND VICARIOUS EXPERIENCE WITH PUNISHMENT AND PUNISHMENT AVOIDANCE ON INTENTIONS TO REOFFEND
Title
TESTING DETERRENCE THEORY WITH OFFENDERS: ASSESSING THE EFFECTS OF PERSONAL AND VICARIOUS EXPERIENCE WITH PUNISHMENT AND PUNISHMENT AVOIDANCE ON INTENTIONS TO REOFFEND.
Creator
Sitren, Alicia, Applegate, Brandon, University of Central Florida
Abstract / Description
Stafford and Warr (1993) reconceptualized general and specific deterrence into a single theory in which individuals' propensities to engage in criminal behavior are based on some combination of personal experiences with being punished and avoiding punishment and vicarious (or indirect) experiences with being punished and avoiding punishment. The researchers make a substantial contribution to the deterrence literature by accounting for the effect of punishment avoidance when assessing...
Show moreStafford and Warr (1993) reconceptualized general and specific deterrence into a single theory in which individuals' propensities to engage in criminal behavior are based on some combination of personal experiences with being punished and avoiding punishment and vicarious (or indirect) experiences with being punished and avoiding punishment. The researchers make a substantial contribution to the deterrence literature by accounting for the effect of punishment avoidance when assessing deterrence theory. Despite the theoretical appeal of this restatement, few studies have tested its empirical merit. The current study tests the applicability of Stafford and Warr's model but also addresses several key limitations that still exist in the deterrence literature. The present study was the first of its kind to directly test Stafford and Warr's (1993) model, blending specific and general deterrence, on an offending population. The majority of perceptual deterrence research examines largely pro-social groups. Evidence suggests that offenders may have unique decision-making processes and may be very different from those typically studied in deterrence research. Identifying the relevant deterrents among non-conventional or offending populations has significant policy implications. Additionally, in order to understand the decision-making process of criminals, this study incorporated alternative sanction forms from a rational choice perspective into the deterrence framework. This is a particularly salient point because non-legal costs may be more influential in criminal decision-making than formal sanctions. By examining the deterrent effects of several other factors (besides the traditional variables studied in deterrence models) among a non-conventional population, findings may suggest methods for designing more effective punishments. Therefore, the present study conducted survey research of high-criminality among an adult sample. This dissertation recruited 326 work release inmates from Orange County, Florida, and asked them to complete a written questionnaire. Results from the bivariate analyses revealed some support for the deterrence doctrine and the rational choice perspective. However, more rigorous tests of these predictions revealed no support for deterrence theory. Even though this study concluded that deterrence alone does not adequately predict future offending, the idea of choice was upheld. The results from this dissertation and from several other studies suggest the need for further analysis of the effect of extralegal sanctions on future criminal activity, especially among non-conventional populations. The current study offers suggestions for effective crime control policies and directions on how future research can clarify the inconsistencies between the theoretical predictions of deterrence theory and empirical reality.
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Date Issued
2007
Identifier
CFE0001586, ucf:47117
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0001586
IMPROVING COMPREHENSION OF CAPITAL SENTENCING INSTRUCTIONS: A BIAS REDUCTION APPROACH
Title
IMPROVING COMPREHENSION OF CAPITAL SENTENCING INSTRUCTIONS: A BIAS REDUCTION APPROACH.
Creator
Otto, Charles Wesley, Applegate, Brandon K., University of Central Florida
Abstract / Description
Previous research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. Social scientists have used two different methods to improve juror understanding of legal instructions, psycholinguistic rewrites and bias-reduction techniques. Psycholinguistic rewrites of legal...
Show morePrevious research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. Social scientists have used two different methods to improve juror understanding of legal instructions, psycholinguistic rewrites and bias-reduction techniques. Psycholinguistic rewrites of legal instructions have been shown consistently to improve juror comprehension of general legal instructions and instructions used in the sentencing phase of a capital trial, however, there has been a call in the literature to not only improve the clarity of judicial instructions but to address comprehension biases that interfere with jurors' ability to understand the instructions. Because a bias-reduction approach has received limited empirical testing and has never been tested on capital-sentencing instructions, this research sought to test the effectiveness of a bias-reduction approach with those instructions. Participants were randomly assigned to hear either Florida's pattern instructions used in the penalty phase of a capital trial or the same instructions with additional statements that mentioned and refuted biases thought to be associated with established areas of miscomprehension. After participants heard the judicial instructions, their understanding of the law on capital punishment decision-making was assessed. Additionally, the participants were asked to render a verdict in a hypothetical case. The results revealed that comprehension was higher for participants exposed to the bias-refutation statements than for participants who were exposed to only the pattern instructions. Among all participants, greater understanding of capital sentencing instructions was associated with an increased likelihood that mock jurors recommended a life sentence, but this observed association was not statistically significant when examining capital-juror eligible participants. The results of this study suggest that efforts should be undertaken to improve specific areas of Florida's capital sentencing instructions.
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Date Issued
2004
Identifier
CFE0000011, ucf:52841
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0000011
The Response of American Police Agencies to Digital Evidence
Title
The Response of American Police Agencies to Digital Evidence.
Creator
Yesilyurt, Hamdi, Wan, Thomas, Potter, Roberto, Applegate, Brandon, Lang, Sheau-Dong, University of Central Florida
Abstract / Description
Little is known about the variation in digital forensics practice in the United States as adopted by large local police agencies. This study investigated how environmental constraints, contextual factors, organizational complexity, and organizational control relate to the adoption of digital forensics practice. This study integrated 3 theoretical perspectives in organizational studies to guide the analysis of the relations: institutional theory, contingency theory, and adoption-of-innovation...
Show moreLittle is known about the variation in digital forensics practice in the United States as adopted by large local police agencies. This study investigated how environmental constraints, contextual factors, organizational complexity, and organizational control relate to the adoption of digital forensics practice. This study integrated 3 theoretical perspectives in organizational studies to guide the analysis of the relations: institutional theory, contingency theory, and adoption-of-innovation theory. Institutional theory was used to analyze the impact of environmental constraints on the adoption of innovation, and contingency theory was used to examine the impacts of organizational control on the adoption of innovation. Adoption of innovation theory was employed to describe the degree to which digital forensics practice has been adopted by large municipal police agencies having 100 or more sworn police officers.The data set was assembled primarily by using Law Enforcement Management and Administrative Statistics (LEMAS) 2003 and 1999. Dr. Edward Maguire`s survey was used to obtain 1 variable. The joining up of the data set to construct the sample resulted in 345 large local police agencies. The descriptive results on the degree of adoption of digital forensics practice indicate that 37.7% of large local police agencies have dedicated personnel to address digital evidence, 32.8% of police agencies address digital evidence but do not have dedicated personnel, and only 24.3% of police agencies have a specialized unit with full-time personnel to address digital evidence. About 5% of local police agencies do nothing to address digital evidence in any circumstance. These descriptive statistics indicate that digital evidence is a matter of concern for most large local police agencies and that they respond to varying degrees to digital evidence at the organizational level. Agencies that have not adopted digital forensics practice are in the minority. The structural equation model was used to test the hypothesized relations, easing the rigorous analysis of relations between latent constructs and several indicator variables. Environmental constraints have the largest impact on the adoption of innovation, exerting a positive influence. No statistically significant relation was found between organizational control and adoption of digital forensic practice. Contextual factors (task scope and personnel size) positively influence the adoption of digital forensics. Structural control factors, including administrative weight and formalization, have no significant influence on the adoption of innovation. The conclusions of the study are as follows. Police agencies adopt digital forensics practice primarily by relying on environmental constraints. Police agencies exposed to higher environmental constraints are more frequently expected to adopt digital forensics practice. Because organizational control of police agencies is not significantly related to digital forensics practice adoption, police agencies do not take their organizational control extensively into consideration when they consider adopting digital forensics practice. The positive influence of task scope and size on digital forensics practice adoption was expected. The extent of task scope and the number of personnel indicate a higher capacity for police agencies to adopt digital forensics practice. Administrative weight and formalization do not influence the adoption of digital forensics practice. Therefore, structural control and coordination are not important for large local police agencies to adopt digital forensics practice.The results of the study indicate that the adoption of digital forensics practice is based primarily on environmental constraints. Therefore, more drastic impacts on digital forensics practice should be expected from local police agencies' environments than from internal organizational factors. Researchers investigating the influence of various factors on the adoption of digital forensics practice should further examine environmental variables. The unexpected results concerning the impact of administrative weight and formalization should be researched with broader considerations.
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Date Issued
2011
Identifier
CFE0004181, ucf:49081
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0004181