Christine S. Scott-Hayward

Abstract: This paper looks at the connections between adolescent psychological development, police interrogation and the juvenile false confession phenomenon. It examines the psychological research on adolescent development and the impact this development can have on an adolescent’s decision to waive his or her Miranda rights and on his or her ability to withstand the techniques used by police to obtain confessions. The paper argues that in order to minimize juvenile false confessions, states should 1) ensure adequate comprehension of the Miranda warnings, 2) change the police procedures for interrogating juveniles, and 3) videotape all interrogations.

Abstract: This paper looks at the connections between adolescent psychological development, police interrogation and the juvenile false confession phenomenon. It examines the psychological research on adolescent development and the impact this development can have on an adolescent’s decision to waive his or her Miranda rights and on his or her ability to withstand the techniques used by police to obtain confessions. The paper argues that in order to minimize juvenile false confessions, states should 1) ensure adequate comprehension of the Miranda warnings, 2) change the police procedures for interrogating juveniles, and 3) videotape all interrogations.

Abstract: In this paper, I analyze the effect of parole on reentry and challenge the dominant governmental approach to post-release reentry. One of the features of current reentry policy is that many states rely on their parole or post-prison supervision agencies to provide post-release reentry services. In the paper, I argue that the changing nature of parole supervision over the last forty years, specifically the shift from a casework approach to a surveillance approach, should lead policymakers to rethink this approach. Relying on interviews I conducted with people on parole in New York City as well as prior research on parole outcomes, I examine the effect of parole on reentry. Jeremy Travis has argued that reentry has two goals — promoting public safety and promoting reintegration of former prisoners. I conclude that parole fails at both of these goals and in fact can sometimes hinder the reentry process. Accordingly, I argue that parole agencies should not be providing post-release reentry services and suggest an alternative approach for states to consider. In particular, I suggest that reentry outcomes could be improved by separating the surveillance and monitoring aspects of parole from its reentry aspects.

Abstract: “When I first came home, I was nervous. I didn’t know what I was doing or which road to take. And then [parole] want[s] me to do all these programs, all these appointments and all this other stuff . . . . It makes it even harder for one to be able to go out and get a job. You know when you have to be at an appointment at eight in the morning and they keep you there ’til eleven; then you know, you got a job interview at nine but parole is telling you, this is first, you can’t do nothing about it.”—Paul

Abstract: This paper presents the results of empirical research assessing societal expectations of privacy in digital information. In recent years, with advancements in technology and an increase in the amount of personal information that individuals disclose online, courts have struggled to determine the application of the Fourth Amendment, specifically the Katz reasonable expectation of privacy test, to that information. Although courts frequently make assertions about individual expectations of privacy in the context of the Fourth Amendment, they rarely base these assertions on empirical data. The goal of the study on which this article is based was to collect data that would assist courts in understanding individual’s subjective expectations of privacy. In 2014, we conducted a survey of over 1200 individuals asking them about privacy expectations in a variety of information. Overall, we found that individuals consistently have significantly high expectations in virtually all of their digital information, even information in which courts have held that they have no expectation of privacy.

Abstract: American parole boards have played a critical role in the formulation and administration of states’ prison policies in recent decades—and could play an equally important part in helping end mass incarceration. Long neglected by academic, research, and policy communities, systems of discretionary prison release are in need of improvement, if not “reinvention.” A plan for revitalization of parole release should lay out a comprehensive and aspirational model for the future. It must address the institutional structure of parole boards, how much release discretion they are given, the substantive grounds for release decisions, the use of risk assessments in the decisional process, decision-making tools such as parole release guidelines, the requirements of fair and reliable procedures, victims’ rights at parole hearings, the need for parole supervision in some but not all cases, the intensity of parole conditions, and the length of parole supervision.

Abstract: In this dissertation, I examine the challenges and contradictions as well as the expectations and aspirations involved in the provision of healthcare to inmates in a maximum-security prison in Pennsylvania. In 1976, the Supreme Court granted inmates a constitutional right to healthcare based on the notion that a failure to do so would constitute “cruel and unusual punishment.” Drawing on two years of ethnographic fieldwork from 2014-2016 in the prison’s medical unit with inmates, healthcare providers, and correctional staff, I demonstrate how the legal infrastructure built around this right to healthcare operates in practice and the myriad effects it has for those in state custody. Through traversing the scales of legal doctrine, privatized managed care, and collective historical memory, bringing these structural components to life in personal narratives and clinical interactions, I advance the notion that the physical space of the prison’s medical unit is a “ward of the state” – a space of care where the state itself is “made” through interactions among individuals who relay and enact the legal regulations on inmate healthcare. I also argue that incarcerated men themselves are cast as “wards of the state” – the biological and financial property of the state placed in its custody. As such, the state has an obligation to care for inmates as quasi-citizens who are granted a right to healthcare in the setting of rights deprivation as punishment. Even though this right primarily exists as a mandate not to inflict too much harm, it also creates the conditions for which inmates come to rely on the state for life-saving and life-sustaining services, perpetuating historical forms of racial subjugation through care and containment in the process. Finally, I outline the paths inmates make for themselves to find meaning amidst the multitude of losses they experience and to seek belonging amidst disenfranchisement. While the forms of legal, personal, and political recognition that are available to inmates are few, the structural features of an institutionalized right to healthcare open up spaces for them to envision futures and to make both personal and structural appeals to justice with both tragic and hopeful consequences. Degree Type Dissertation Degree Name Doctor of Philosophy (PhD) Graduate Group Anthropology First Advisor Philippe Bourgois

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Abstract: African American Males’ Lived Experiences of Fathering Following Incarceration by Sherece Shavel MSW, Rutgers, the State University of New Jersey, 2004 BA, Seton Hall University, 2000 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Human Services Walden University May 2017 Abstract In the United States, African American fathers are incarcerated at a disproportionate rate and have a poor prognosis of success. Although researchers have considered how crime, paternal abuse, poverty, and social disparities have affected African Americans, they have not adequately studied how formerly incarcerated African American fathers experience parenting. The purpose of this qualitative transcendental phenomenologicalIn the United States, African American fathers are incarcerated at a disproportionate rate and have a poor prognosis of success. Although researchers have considered how crime, paternal abuse, poverty, and social disparities have affected African Americans, they have not adequately studied how formerly incarcerated African American fathers experience parenting. The purpose of this qualitative transcendental phenomenological study was to bridge this gap in knowledge by exploring the parenting experiences of formerly incarcerated African American fathers on parole. The research question focused on the parenting experiences of African American fathers obligated to mandatory supervision following an incarceration. A criterion-based sample of 9 African American fathers from the Midwestern region of the United States completed 2 in-depth interviews. Interviews were analyzed using phenomenological techniques, resulting in 9 central themes focused on social objectification, survival, change, the agency of fatherhood, and parent-child relations. Despite difficulties and challenges, the quality of the fathers’ lives hinged on the quality of their relationship with their children. The findings and recommendations from this study may advance positive social change by stimulating and guiding the efforts of human service practitioners working to develop culturally relevant interventions, and raising the awareness of advocates working to influence legislators toward comprehensive policy reform. The application of this study’s findings may provoke community members to strengthen their support for African American fathers returning to the community following incarceration. African American Males’ Lived Experiences of Fathering Following Incarceration by Sherece Shavel MSW, Rutgers, the State University of New Jersey, 2004 BA, Seton Hall University, 2000 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy

Abstract: Individuals with FASD exhibit deficits in many domains that can include memory, learning, behavioural inhibition, executive functioning, interpersonal skills, and language. These deficits have serious implications for affected persons when they become engaged in the legal system. In 2004, Moore and Green reviewed case law and psychological literature which suggested that FASD-related deficits placed affected individuals at a significant disadvantage in the justice system. According to them, this disadvantage stemmed from the limited awareness and knowledge of FASD demonstrated by key players in the justice system, as well as the scarcity of effective interventions in place to rehabilitate affected defendants. The aim of the current paper is to assess the extent to which awareness of FASD-related issues in the Canadian justice system has advanced since the publication of Moore and Green’s conclusions. First, the deficits associated with FASD and their implications for the justice system are described. Next, recent case law and psychological evidence are reviewed as we consider issues of witness reliability and false confessions. The significance of FASD for sentencing, fitness to stand trial, and the Not Criminally Responsible by Reason of Mental Disorder defence are also briefly discussed. Finally, emerging system wide responses to FASD-related issues are presented. Overall, it appears that the call for closer examination of FASD by the justice system has been answered, but a need for increased education and awareness remains.