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AVAILABILITY OF THE FELONY-MURDER RULE TODAY: EQUITABLE AND JUST OR UNFAIR AND EXCESSIVE?
Title
AVAILABILITY OF THE FELONY-MURDER RULE TODAY: EQUITABLE AND JUST OR UNFAIR AND EXCESSIVE?.
Creator
Francis, Traci, Sanborn, Jr., Joseph, University of Central Florida
Abstract / Description
The current research provides an examination of felony murder to determine the similarities and differences among jurisdictions in the nation. It provides a current analysis of jurisprudence to update the literature as to practices in the United States pertaining to the availability of felony murder and the specific elements that make up the rule. This research conducts a survey of the 50 states, the District of Columbia, and the Federal System. It provides an overview of the felony-murder...
Show moreThe current research provides an examination of felony murder to determine the similarities and differences among jurisdictions in the nation. It provides a current analysis of jurisprudence to update the literature as to practices in the United States pertaining to the availability of felony murder and the specific elements that make up the rule. This research conducts a survey of the 50 states, the District of Columbia, and the Federal System. It provides an overview of the felony-murder rule and its availability, the degrees to which the doctrine is utilized, and the subsequent sentences allowable for defendants convicted under the theory. Current statutes are analyzed to establish what circumstances specifically constitute felony murder and the criteria required by each of the jurisdictions. Additionally, it determines to what degree jurisdictions subscribe to the felony-murder theory, which ones allow individuals to be eligible for life sentences or death sentences, and which jurisdictions allow the rule to be applied to non-triggerman offenders.
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Date Issued
2005
Identifier
CFE0000648, ucf:46496
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0000648
Assessing Harm Reduction: A Qualitative Investigation about the Impact of Therapeutic Jurisprudence on Non-completing Drug Court Clients
Title
Assessing Harm Reduction: A Qualitative Investigation about the Impact of Therapeutic Jurisprudence on Non-completing Drug Court Clients.
Creator
Francis, Traci, Sanborn, Joseph, Reynolds, Kenneth, Mccarthy, Bernard, University of Central Florida
Abstract / Description
Currently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this...
Show moreCurrently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this phenomenon is problematic because various stakeholders remain uninformed about the drug court model's full effectiveness. The focus on successful clients may fail to fully capture and understand positive residual effects of the drug court program. Questions in this research include: Do unsuccessful drug court clients experience positive program results? Has self-awareness increased about the extent of their substance abuse problem? Are unsuccessful clients more confident in their ability to effect positive change? Is there an increased motivation to change? If non-completers are more aware of the potential for harm, are there reductions in risky behaviors? This study is a qualitative investigation using a phenomenological design. The data source is a convenience sample of unsuccessful drug court clients that participated in a pre-trial intervention or post-plea adult drug court program in East Central, Florida. The unit of analysis is the individual, and the total number of participants interviewed is N=30. A grounded theory approach, a harm reduction paradigm from the psychotherapy arena, and a variation of an Intention-to-Treat design from the medical field were used to frame the research. This study found some reductions in both criminality and substance use. Several participants also reported improved familial relations and continued connections to the recovery community. Many participants demonstrated an increased self-awareness of a destructive lifestyle, an increased motivation to change destructive behaviors, and an increased self-efficacy in their ability to make substantive life changes. Incarceration was also found to be a motivator for positive change. Therefore, the inclusion of unsuccessful client outcomes was found to be critical to fully understanding the impact of the therapeutic jurisprudence model.
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Date Issued
2011
Identifier
CFE0004109, ucf:49106
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFE0004109