OCCJE Journal: Praxis

Prisoners rights are a critical aspect of human rights. Special attention should be given to the protection of prisoner' rights, as these members of society have been deprived of one of the most basic freedoms, their personal liberty. To further complicate matters, many prisoners lack access to adequate legal support to ensure their rights are respected once they fall under the control of the criminal justice system. As the Republic of Kosovo is a relatively new sovereign state, the eyes of the international community will carefully monitor how the criminal justice system operates to ensure that it complies with all internationally accepted standards of care for prisoners. Accordingly, the treatment of prisoners confined within the various institutions in Kosovo may serve as a barometer to measure how well the country is conforming to international human rights standards. This paper will provide an overview of the organizational structure of the different types of correctional institutions in Kosovo, discuss the basis for prisoners' rights, and examine whether or not correctional institutions in Kosovo are conforming with the relevant protections guaranteed to inmates by international law. Identifying areas where Kosovo may be struggling to meet their legal obligations to prisoners is necessary in order to properly assess how Kosovo has progressed in their efforts to comply with both domestic and international law. Future efforts should be directed at not only identifying deficiencies, but in offering practical suggestions as to how these problems may be remedied. Continued partnership between government and the civil society organizations is the most likely avenue for Kosovo to achieve its aspirational goals, and additional efforts should be made to review these partnerships and assess their effectiveness... Read More

Each page of Future Crimes drives home the author’s point, that we are alarmingly unalarmed at how vulnerable technology has made us. Marc Goodman uses experience gained in his past position as the futurist in residence with the Federal Bureau of Investigations and current position as the Chair for Policy, Law and Ethics at Silicon Valley’s Singularity University to discuss a variety of ways in which technology has already proven to not be as invincible as we would like to believe it is. He also discusses the ways technology has already been compromised and the effects it has had on society, and concludes with some recommendations for both society and the individual aimed at preventing, or at least managing, the relationship between technology and crime... Read More

People the world over collect a vast array of items for personal enjoyment. When the collections focus on innocuous items like coins, sports memorabilia, or works of art, nary an eyebrow is raised. However, when the focus of the collection is on more controversial or macabre items, like memorabilia related to serial killers or other nefarious criminals, many in society are appalled. Some are so offended at the notion that people would collect items associated with individuals who have committed heinous crimes that they have sought to limit the availability of such items. Attempts to limit the “murderabilia” industry have taken many forms, from pressuring e-commerce providers, to prohibiting the sale of such items to introducing legislation that would criminalize the sale of murderabilia. This paper will provide a brief overview of the murderabilia industry, discuss the current efforts to prohibit or limit the availability of such items, and speculate as to the future of this niche market... Read More

Perhaps no Constitutional amendment gets tried and tested more than the Fourth Amendment. Each year, thousands of criminal defendants bring legal challenges to the proceedings against them rooted in claimed Fourth Amendment violations. Changing technology and its use fuels a large part of this as new technology intersects with individual privacy in new ways. An oft heard argument in Fourth Amendment jurisprudence is that the Fourth Amendment must change in order to keep up with the progress of time and societal change. Through an analysis of recent case law examining Fourth Amendment protections and technology, this article concludes that the United States Supreme Court has not changed its basic Fourth Amendment analytical model. Read More

Institutional corruption in Kosovo Customs poses a serious threat to the integrity of the agency and undermines the financial viability of the Republic of Kosovo. This research was conducted in order to gain a better understanding of the root causes of corruption in Kosovo Customs and to make suggestions as to how these causes may be addressed. While acknowledging that corruption is a complicated issue that likely has many root causes, it is hypothesized that relatively low salaries and poor working conditions are among the chief reasons why corruption has persisted in Kosovo Customs, despite the best efforts of law makers and good governance experts. Researchers travelled to Kosovo in July 2013 and conducted a series of field interviews with Kosovo Customs officers while touring three Kosovo Customs Stations. As a result of the interviews, and observations, a series of issues were identified and solutions to these issues offered. Our interviews confirmed that low salaries and poor working conditions were in fact issues that concerned the officers. Additionally, we found that the general public does not have a very positive image of Kosovo Customs, and that the practice of utilizing Customs Agents as intermediaries between the general public and Kosovo Customs officers may play a role in perpetuating this negative image. Read More

Methamphetamine abuse has cost the United States billions of dollars and put the health and lives of countless children at risk. This research explores whether those professionals who work with children the most understand how methamphetamine is produced and consumed, as well as the potential risk it presents. It is hypothesized that those professionals who come into contact with children the most (criminal justice, social services, and community activists) will lack a general knowledge about methamphetamine, thereby increasing a child's exposure to primary and secondary victimization. Data was collected utilizing a convenience survey sample of statewide North Carolina juvenile service professionals on their knowledge of methamphetamine use and its production in the year 2012. The findings show a disconnect between what the respondents think they know about methamphetamine and what they actually know about the drug's production and use. The results suggest that their deficient knowledge about methamphetamine increases childrens' exposure to victimization. Read More

Being a correctional officer is a stressful job for many reasons. There are inconclusive results in the literature regarding job stress and educational attainment. The purpose of this study was to investigate the possible relationship between education level and correctional officer stress. A sample of 228 correctional officers from four correctional institutions within the Ohio Department of Rehabilitation and Correction (ODRC) participated in this study as written questionnaire respondents. Contrary to expectations, level of education did not impact stress among correctional officers. In line with prior studies of stress among criminal justice professionals, the correctional officers in this study expressed major levels of stress with two-thirds expressing medium or high levels of stress. Further research is warranted into the ways in which correctional officers manage their stress and the potential intervening role education has in stress reduction strategies. Read More

Ohio implemented a standardized risk assessment system in 2009 through the extensive research of the University of Cincinnati and the Ohio Department of Rehabilitation and Corrections (ODRC) in an effort to achieve greater efficiency and validity for a more unified corrections system. In the present study, quantitative research was conducted on a college population and convicted offenders from a local county Common Pleas Court using primary and secondary data analysis. Online surveys were administered to the college and data on the offenders was obtained through correspondence with the ODRC in order to obtain empirical evidence testing several underlying hypotheses comparing gender and race and regarding the validity and accuracy of the overall scores of both populations using the Community Supervision Tool (CST) of the Ohio Risk Assessment System (ORAS). Through analyses using Independent T-Tests in the SPSS program, results partially support the validity and accuracy of the ORAS and the hypotheses proposed with the exception of one regarding race. Due to the limited number of subjects accessible for this present study, future research is encouraged on this topic in order to provide better insight in regards to the entire state of Ohio in an effort to ultimately benefit the Ohio criminal justice system. Read More

Therapeutic communities provide valuable resources toward recovery for addicted individuals. This study looks at how treatment programs of in-prison therapeutic communities affect incarceration rates. Data on individuals from SCI-Chester, a correctional facility in Pennsylvania housing only substance abusing offenders, are used. The findings indicate that the type of program (either an in-prison therapeutic community or out of prison therapeutic community) does not matter as long as individuals participate in a program. The treatment variables that are statistically significant upon examination are persons who do not stop using drugs, and thus have positive drug screens, and offenders who are placed on a higher level of supervision. Both of these variables are statistically significant and increase an offender's likelihood of reincarceration. Further research as to the necessary length of therapeutic community experience and the role of choice in the therapeutic community warrant attention. Read More

Throughout its forty year history (and still going strong), the Ohio Council of Criminal Justice Education (OCCJE) has remained steady in some respects and in others, has evolved. Currenlty, it is one of nine statewide criminal justice education-focused organizations in the United States. The purpose of this article is to describe the influential activities and context OCCJE has undertaken over the years as well as to highlight the critical institutions and individuals who have paved the way for OCCJE's undertakings. At least one of the goals in doing so is to pass on at least a portion of OCCJE's insightful legacy on to the reader. The quantitative and qualitative data gleaned for this case study are from a content analysis of OCCJE's historical records (i.e. meeting minutes, conference proceedings, and committee correspondence), surveys conducted with seminal OCCJE members, and for an outsider perspective, content analysis from websites of other criminal justice education-focused organizations. OCCJE's mission has remained constant over its history and is most notably evident by its annual career fairs and research conferences. No longer �just for professors, OCCJE membership now includes criminal justice-interested practitioners (nonacademics) and students as well. Future OCCJE efforts involve effectively addressing the diversity of needs and resources apparent in the increased number (over 150) of criminal justice programs throughout the Ohio area. Read More

The current study examined the prevalence of gambling behaviors among 87 residents recovering from substance-dependent disorders and living in self-run sober-living recovery homes. The variables addressed included the type of gambling addiction (non-problem gambling, at risk gambling, and disordered gambling), among two compared groups (ex-offenders and non-ex-offenders). These variables were manipulated in a 2x3 factorial, between subjects, non-repeated measure design. Ex-offenders and non-offenders used in this study resided in residential treatment centers throughout the United States. All participants were given the South Oaks Gambling Screen (SOGS) to assess gambling behaviors and the prevalence of disordered gambling.. Those participants classified as disorganized gamblers reported proportionately more involvement in a variety of gambling behaviors than other residents. In addition, there was significant difference between non-offender and ex-offender populations in reported gambling habits. Engagement in a variety of gambling activities by the current sample is consistent with previous investigations, suggesting that, self-run recovery-homes may provide suitable referral sources for recovering ex-offenders and persons with comorbid gambling problems. These results argue for more interventions that screen for and detect gambling behaviors at self-run sober-living recovery homes. Read More

Cases where people have become the victim of a bodily fluid assault have defied easy categorization and consistent prosecution under current statutes. These cases include police officers being spit on by individuals resisting arrest, correctional officers being attacked with feces or urine by defiant inmates, and people unknowingly consuming bodily fluids placed into their food or beverages. This research explores the laws governing bodily fluid assaults, an area of great disparity among the states. Such assaults include conduct such as throwing or causing another to ingest urine, semen or other bodily secretions. Prosecution of these actions is problematic because a great number of states have no laws on the books at all that specifically deal with assaults that utilize bodily fluids. The vast majority of states that have enacted such laws criminalize bodily fluid assaults only when the victim is a police officer or corrections employee. In addition, crimes involving semen can be particularly frustrating for prosecutors because occasionally these crimes have a clear sexual motivation, yet they cannot be prosecuted as sex offenses because they do not meet the definition of sexual contact in most jurisdictions. Read More

The United States criminal justice system has employed different approaches in efforts to redress effectively criminal conduct/wrongs. The models emerging as the most dominant include punishment, reform, medical/treatment, and rehabilitation. The current shift is toward a combination of these four models, with rehabilitation serving an integral role. One such combination method is that of Victim-Offender Reconciliation Programs (VORP). The VORP method, rooted in the Restorative Justice approach, involves bringing the offender and the victim together, in the presence of a mediator, in order to have an open dialogue about the offense and each party's feelings surrounding the act, as well as attempt to develop an agreement, with which both parties are satisfied, about how the offender shall go about reconciling damages caused by their act. This study uses a content analysis of files (N=96) from a local agency employing VORP to assess how influential personal characteristics of the offender are. Overall, results indicate that personal characteristics for the most part are not influential in terms of VORP outcomes although the data used have limited variability making inferences not possible. Future investigation using a diverse dataset is necessary in order to test the hypotheses specified in this study. Read More

Policymaking involves the allocation of governmental resources often based on public opinion about a particular salient event. The choices, outputs, and impact of policy decisions are dependent upon the perceived injustices by society which generally commence with mass mobilization and ends with politicians placing the controversial issue on the legislative agenda. This is particularly so when the issue involves matters related to criminal justice. This paper takes a look at the historical and political development of one salient issue, juvenile delinquency. First, an examination of the Child Saver's Movement is highlighted as it was the impetus for separating juveniles from adults on matters related to criminal justice. This separation continued well into the 1960's and 1970's and received financial and policy support at the federal level until funding sources were depleted. The paper then shifts to the theoretical foundations for juvenile diversion programs viewed from a criminological perspective. Labeling Theory is closely tied to juvenile diversion programming however as several of the case studies suggest, a more community integrated theory may best explain both the onset of delinquency and how best to address the issue of youthful misbehavior. A program's success often depends on those who implement it. Prior work on diversion programs suggests there are only slight differences between legal and therapeutic actors regarding decision making, but the perceptions by youth when it comes to the formal and informal system often differ. Youth in diversion programs were more positive and felt they were treated with more rehabilitation in mind. Contrarily, those not referred to diversion felt legal actors only cared about punishment. Finally using case studies, a comprehensive contextual analysis on four diverse state diversion programs were analyzed. A close inspection of these programs suggested one ingredient for success, community participation. When several members of the community got involved in a delinquency case the completion rate was high while recidivism was low. Read More

The focus of this work is on analyzing recidivism rates for offenders who have received risk and needs assessments. This study uses data collected by the Los Angeles Probation Department from April 1997 to December 1997 for offenders placed on probation. The reoffending rates over three time periods are examined. The results of the logistic regression analysis are that offenders who have a drug abuse problem are more likely to offend at 12 months and 18 month timeframes rather than initially at 6 months. These results suggest the need for consistent, standard treatment over a longer period of time (more than one year) instead of a shorter timeframe (weeks or months). Read More

Capital Punishment has been continuously debated and researched by policy makers and citizens due to the impact it has on human life. The present study explored capital punishment attitudes among criminal justice professionals. The study contained thirty-five corrections officers and twenty-five sheriff's officers from Northwest Ohio. The subjects were administered a twenty-nine item survey regarding demographics and capital punishment attitudes towards the special subgroups of women, juveniles, the mentally ill and the mentally retarded. It was predicted that corrections and sheriff's officers would oppose capital punishment for juveniles, the mentally ill and the mentally retarded. It was also predicted that corrections officers would have a more supportive view than sheriff's officers on capital punishment for women. The prediction that correction officers and sheriff officers would oppose capital punishment for juveniles and the mentally ill was not supported. The prediction that correction officers and sheriff officers would oppose capital punishment for the mentally retarded was supported. However, the hypothesis that correction officers are more supportive of capital punishment for women than sheriff officers was not supported. Future research needs to address these issues. Read More

Hirschi and Gottfredson's social control theory asserts that a strong parental attachment inhibits delinquency through the resistance the parental attachment creates between the child and deviant behavior. Furthermore, Hirschi describes parental control in two forms, direct parental control and indirect parental control, of which only indirect parental control creates a parental attachment strong enough to resist delinquent behavior in the child. This study builds upon previous research by adding to the understanding of how the family dynamics of parental attachment and parental control affect youth's reports of delinquency among a sample of incarcerated delinquents. Delinquents respond to a survey concerning their relationship with their parents utilizing questions that measure type of parental control and level of parental attachment. Results from the study found a significant positive correlation between authoritative parenting and parental attachment. Read More

Psychological screening has become a standard part of the selection process for law enforcement officers. The primary purpose of psychological screening is to identify those applicants who demonstrate a personality disorder and therefore would not be suitable law enforcement officers. Two psychological tests used frequently are the Minnesota Multiphasic Personality Inventory and the California Personality Inventory. These tests are designed to provide recommendations based on data indicating the probabilities of success or failure of these officers. This paper presents a review of the literature on the use, validity, and job relatedness of psychological screening for recruit police officers and the predictive success of these officers based on the evaluations. Read More

The Problem: the emergency management discipline does not have a paradigm or model for identifying information required for making decisions; effective techniques for collecting required information; techniques and standards of analyses for making sense of the required information; and standardized techniques for disseminating the resulting analyzed information to those who need it. This process of information identification, collection, analysis, and dissemination is commonly known as the intelligence cycle, and is a key element in many other professions. While most states have emergency operations and fusion centers that list intelligence fusion as one of their primary functions, in reality there is no apparent organized intelligence function at these levels (Steiner, 2009). The lack of an articulated intelligence functional paradigm may contribute to inaccurate and faulty response on the part of emergency management organizations and agencies (Soble & Leeson, 2007). The purpose of this paper is to discuss possible reasons for the lack of an information-processing and analysis model in the emergency management field, and suggests the adoption and modification of the U.S. Army's Intelligence Preparation of the Battlefield as a possible model. Read More

Across the United States cyber crime has hit all time highs with the advancement of the electronic medium. Such mediums have evolved from the telephone to computers, laptop computers, cell phones, fax machines, I Phones, Blackberries and many more wireless, portable devices that have internet access. This article will focus on the growing trend of cyber crime, the impact cyber crime has on the United States and how exactly cyber crime is impacting the state of Ohio. In addition, this article is concerned with the connection of cyber crime and its possible connection to terrorism. Read More

Correctional Counseling by Hanser and Mire is a practical guide to common therapeutic techniques used in correctional settings. It is a book written by actual practitioners in the field of correctional mental health and is intended to provide students and mental health workers with detailed information on techniques being used with inmates. It is unique in that its focus isn't on large-scale issues related to correctional mental health, but on practical treatment techniques and how they are implemented. The authors state this text is designed specifically with criminal justice students in mind (although students and workers in other fields could also benefit from the book) in order to provide them with insight on how correctional mental health treatment is practiced and present them information on real-world issues faced by clinical workers in correctional settings. Read More

Every year there are thousands of claims made against law enforcement professionals regarding both physical and mental abuse, misuse of power, maltreatment, and acceptance of bribery in exchange for innocence and freedom. How often are these professionals caught in the act and what kind of punishment do they receive, if any? There are numerous articles and studies published each year that discuss this issue, most of which report on the staggering statistics and new techniques of dealing with misconduct, such as mediation. The purpose of this research study is to determine how Defiance College students view police misconduct and the consequences of such acts, with regards to race, ethnicity, gender, and academic major. The following research reports on these four primary categories and the hypotheses relevant to each, which were tested and evaluated using questionnaires and analysis. A theoretical relationship with the Milgram Experiment and Zimbardo experiment will be discussed as well. Interesting findings were met in regards to views on the criminal justice system overall, with specific emphasis on sexism, racism, deterrence and consequences of police misconduct, and exceptions to rules. Only a few significant findings were made, especially with gender differences in views and the differences in Criminal Justice majors and Art majors (Social Science vs. Arts & Humanities). With a larger and more diverse sample, the results may have been different, but future research in this area will only tell that. The following information is meant for the purpose of developing theories of why certain students choose the career path they do in college, and to determine whether or not there is an overall consensus on Read More

The distressing consequences of the heinous and brutal nature of the violent crimes committed against children has prompted the necessity to embark upon the design and implementation of a system of legislation by which the preeminent values of safety and prevention compose the fundamental cornerstone. Although, while the concern regarding the orientation of the sexually motivated offense is not derived from a previously un-witnessed phenomena, the approach that has been undertaken with which to address the issue has altered, in the manner of the course that is chosen to pursue, in the event of the criminal actions of the said offender. Read More

The exploitation of children and young people through prostitution is not a new phenomenon, and the numbers of children involved in prostitution or sex work are still largely unknown. However, there are numerous factors that leave children and young people more vulnerable than others to become involved in this type of lifestyle. Literature reviews and studies have identified common characteristics that have led girls down this dangerous path. The juvenile prostitute is not only dehumanized, but she is also used as a sex object for adult gratification. These girls suffer exploitation, sexual harassment, and rape on a regular basis, not to mention being put at high risk of contracting HIV/AIDS and other sexually transmitted diseases. (Williamson pg. 2) These acts cause pain, humiliation, and degradation at the hands of adult customers to an already fragile self-esteem. Read More

Citizen police academies (CPAs) are popular community policing applications among police departments in the United States. They are designed to provide a better understanding of police, build closer police-citizen relationships, and gain citizens' support. Although the general impression from CPAs is positive, few empirical research studies have investigated the success of CPAs. This study attempts to determine whether a CPA program has an effect on participants' perceptions, opinions, and attitudes toward police, police work, and crime related issues. It uses a pre-test and post-test research design to survey students in a CPA offered by the Louisville Metro Police Department (LMPD, KY). The results indicate that the participants' view of police was positive before the CPA began. Involvement in the CPA led to significant increases in only six of the areas surveyed. The participants' evaluation of their CPA experience was very positive. Read More

Emergency management professionals at the local, state, and federal levels of government have been augmented through the use of nonprofit organizations, private organizations, and organized and unorganized volunteers to assist with planning, response, and recovery efforts in preparation for resolving school violence and related emergencies. The first responder, which includes police, fire, EMS, and public health professionals is America's first line of defense during emergency events, and have become a critical component when responding to school emergency situations. Over the years, many emergency preparedness plans have been developed in response to cold war issues, however, over time have evolved to include responding to school emergencies. Emergency planners must address preparedness, collaboration, information sharing, response, and recovery issues that satisfy the safety and security of our communities and nation. However, it is vital to remember that even well designed emergency plans will not always encompass everything that might be required during an emergency. Officials must embrace the inherent challenges through continual preparedness and preparation through remaining adaptable, innovative, and, when necessary, improvisational (Waugh, 2004, p. 4). Read More

In November 1967, Carl B. Stokes became the first African-American mayor of a major American city when he was elected mayor of Cleveland, Ohio. Stokes inherited a city bureaucracy whose demographic makeup did match that of the city population. In an effort to encourage more equitable racial representation and procedures within the public safety administration, Stokes appointed Lt. Gen. Benjamin O. Davis, Jr. (USAF-Ret.) Director of Public Safety in January 1970. Davis was the first African-American to achieve three-star rank in the U.S. armed forces. This paper is an examination of the brief working relationship between Stokes and Davis. Read More

Given the benefits of force-on-force scenario training, 16 law enforcement officers with The Ohio Department of Natural Resources, Division of Parks and Recreation participated in scenario-based training during the spring and fall of 2006. This study investigates whether service experience, training, and actual experience significantly impact an officer's ability to employ appropriate tactical responses during a threatening confrontation. Surveys provided data on the participant's prior training, service, and actual experience, and measured general attitudes towards current agency sponsored training. The scenarios were video recorded and evaluated during and after each participant completed the exercise. Results show no significant differences were found between those with more service time, advanced tactical training, or actual experience and those with less service time, little tactical training, or actual experience; suggesting experience may be task specific. This study concludes with recommendations to help improve tactical proficiency during combative encounters. Read More

The purpose of this study is to look at the data presented to the public on the television show America's Most Wanted to see if it is representative of criminal activity as officially recorded by official statistics. This research will look at the relationship between offenses and demographics of offenders listed as 'captured' on the America's Most Wanted website. Researchers will use publicly available databases, doing a comparative analysis of a representative sample of 610 captured fugitives. The variables used in the analysis will consist of the presented offender's gender, race, offence and where the offender was captured. Sensationalism will drive the captures, and thus, violent crime is overrepresented in the sample. Also, minorities are underrepresented in the case files, but are shown as more violent and less nonviolent than non-minorities. Capture data when compared to UCR data of criminal arrests reveals that America's Most Wanted does not accurately portray crime in America. Read More