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Is There Justice in Mercy?  the Retributive Philosophies of Executive Clemency (open access)

Is There Justice in Mercy? the Retributive Philosophies of Executive Clemency

Executive clemency is assumed to be a mechanism to correct miscarriages of justice brought about by the criminal justice system, yet little empirical research exists to confirm this assumption. This research study examined the types of rationales cited in 799 cases of executive clemency from six states from 2005 to 2012. Rationales based upon retributive philosophies, in which a miscarriage of justice was cited, were further analyzed. This analysis revealed that only seven percent of all clemency decisions from the examined states cited retributive rationales. Of the fifty-six grants of clemency that cited retributive rationales, most were granted in the forms of pardons. The analysis indicated that executive clemency is utilized as a mechanism to correct injustices, specifically in cases of innocence. This study concludes with a discussion of policy implications and the reliance on executive clemency as a fail-safe to the criminal justice system.
Date: May 2013
Creator: Gibbs, Gina N.
System: The UNT Digital Library
Recidivism Among Juvenile Sex Offenders in Texas (open access)

Recidivism Among Juvenile Sex Offenders in Texas

Juvenile sex offenders represent a serious and violent group of delinquents. Despite the severity of their crimes, the literature focusing on risk factors that influence recidivism and the types of re-arrest after incarceration is lacking. This research study examined 499 determinately sentenced juvenile sex offenders that were released from the Texas Juvenile Justice Department. This sample was then followed for three years upon their release. This analysis revealed that 51.5 percent were re-arrested for any offense while 45.91 percent were re-arrested for a felony offense. This study identified a number of risk factors relative to JSO recidivism. These factors include having a history of emotional abuse, race being African American, being gang affiliated, having a larger number of previous adjudications, and having higher counts of institutional misconduct infractions. Those JSOs older at intake and release, and those who were incarcerated for longer periods of time were less likely to re-offend upon release. Lastly, this study ends with suggestions for future research as well as policy implications geared toward juvenile sex offenders.
Date: May 2013
Creator: Martinez, Crystal G.
System: The UNT Digital Library