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Dissertations / Theses on the topic 'Corporal punishment – United States'

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Published: 4 June 2021

Last updated: 2 February 2022

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1

Carnes, Susan Carle. "Corporal Punishment in American Education from a Historical, Legal, and Theoretical Perspective." Thesis, North Texas State University, 1985. https://digital.library.unt.edu/ark:/67531/metadc500419/.

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This paper discusses corporal punishment as a disciplinary method in American public schools. The effectiveness of corporal punishment is investigated. Chapter I introduces corporal punishment as a pertinent educational issue. Chapter II discusses the historical development of corporal punishment. Chapter III discusses the legal ramifications of corporal punishment. Chapter IV looks at surveys and studies that have been conducted in regard to the issue. Chapter V discusses a survey of teachers in Lewisville, Texas. Teachers responded to 42 statements pertaining to corporal punishment. Chapter VI concludes that research indicates that corporal punishment will not be effective unless it is administered harshly and consistently. The paper concludes that corporal punishment will not be necessary if higher educational institutions train teachers in alternative methods.

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2

Parker-Jenkins, Marie. "The shifting status of teachers in the United Kingdom with reference to the European Court and Commission of Human Rights." Thesis, University of Nottingham, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.330114.

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This thesis focuses on the shifting status of teachers in the United Kingdom which results from the findings of the European Court and Commission of Human Rights on cases involving corporal punishment. Teachers have traditionally held a right to administer corporal punishment to pupils with whom they stand "in loco parentis" and providing that it was moderate and reasonable, they have been provided with a defence against a charge of assault. The position began to alter when education became compulsory in the 1870's, but there was no effective legal remedy until 1949. At this time, Britain joined the Council of Europe and became a party to the European Convention on Human Rights, subsequently recognising the competence of its chief enforcement agencies, the European Court and Commission of Human Rights. A number of important decisions have been provided by these bodies regarding the use of corporal punishment in British schools which imply an unwillingness to endorse its use. Moreover, as the only Member- State, prior to 1987, which still employed this disciplinary sanction, Britain appeared to be clearly out of step with the rest of Western Europe. The Government moved some distance towards rectifying the problem by enacting the Education (No. 2) Act (1986). This statute contains a number of shortcomings, however, in that some categories of pupils are still liable to receive corporal punishment. What also remains unclear is the new status that teachers will occupy as a consequence of this legislative enactment. Indeed, the teacher's right to inflict physical punishment has now been severely fettered and whilst the notion of "in loco parentis" is not rendered defunct as an educational doctrine, there is a pressing need for redefinition of the concept. The thesis employed six methods of research: (a) a literature review examining the growth and development of the teaching profession; the historical relationship between teacher and pupil; judicial interpretation of the Common Law right to administer corporal punishment within the context of the "in loco parentis" doctrine; and the origins and workings of the European Court and Commission(b) monitoring and analysing the legal transcripts of British corporal punishment cases adjudicated by the European Court and examination of cases pending; (c) a review of European cases taken to Strasbourg pertaining to education; (d) fieldwork which involved in-depth focussed interviews with parties concerned with the educational, legal and political concerns of the litigation both in the United Kingdom and in Strasbourg; (e) examination and analysis of primary source information made available by the Council of Europe regarding the jurisprudence of the Court; and (f) related secondary source material, reflecting contemporary developments in education, especially those of a legislative nature precipitated by the Court's judgements. The legal arguments emerging from the United Kingdom corporal punishment cases centre on the issues of "the right to education", respect for parents' "philosophical convictions" and the "degrading" nature of physical chastisement. Observed from a broader perspective, the litigation also raises concerns about the very essence of the British educational and political systems, namely: the authority of the teacher; the concept of corporal punishment; and the doctrine of parliamentary sovereignty. Further, the human rights of pupils in the school system are highlighted and the limitations they may present to the teacher's authority, together with the interaction between British education law and the European Convention. Finally, the implications of the Strasbourg findings demand critical analysis, since, alternative sanctions to corporal punishment may ultimately require support, both legislative and financial, in order to be effective. Accordingly, the consequences for educationalists, politicians and administrators are far-reaching, necessarily precipitating a significant change to what can hitherto be considered a relatively "in stasis" profession.

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3

Gottlieb, Gabriele. "Theater of death capital punishment in early America, 1750-1800 /." Connect to this title online, 2005. http://etd.library.pitt.edu/ETD/available/etd-12082005-165901/.

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4

Getek, Kathryn Ann. "Just Punishment? A Virtue Ethics Approach to Prison Reform in the United States." Thesis, Boston College, 2010. http://hdl.handle.net/2345/3761.

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Thesis advisor: James F. Keenan
The United States penal system, fragmented by contradictory impulses toward retribution and incapacitation, is in need of coherent objectives for its prisons and jails. This dissertation draws upon the resources of virtue ethics to suggest a new model of justice, one which claims that a Christian theological framework can offer insight for public correctional institutions. In developing a model of justice as virtue, I incorporate rehabilitative goals and contributions from restorative justice. Advancing beyond these foundations, I draw upon two key sources. First, from a study of virtue and justice in the work of Thomas Aquinas, I argue that the virtue of legal justice - an orientation toward the common good - is the fundamental lens for understanding punishment. The prison can only cultivate justice to the extent that it empowers moral agency and (re-)orients offenders toward right relationship with the community. Second, an inclusive, restorative account of biblical justice - developed particularly from Isaiah, the Psalms, and the New Testament - establishes justice as a saving intervention. Thus, punishment can be a legitimate means but is not constitutive of justice itself. Despite its necessary limitations, the prison must empower the moral agency of inmates through just action, reformulate the role and practices of correctional staff, and facilitate just relationships between offenders and their communities and families. Furthermore, prisons themselves can be understood as moral agents that bear responsibility for cultivating justice in society. For the United States prison, a model of justice as virtue mandates unremitting efforts to transform offenders and the larger community into just moral agents
Thesis (PhD) — Boston College, 2010
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Theology

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5

Goodhand, Sydney. "Hemlocking Them Up: Comparative Policing and Punishment in Classical Athens and the United States." Thesis, The University of Arizona, 2011. http://hdl.handle.net/10150/144358.

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6

Popham, Ashley Hope. "Abortion and Capital Punishment: Changing Attitudes and Demographical Influences." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-11192008-210808/.

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Thesis (M.A.)--Georgia State University, 2008.
Title from file title page. James Ainsworth, committee chair; Phillip Davis, Erin Ruel, committee members. Description based on contents viewed Aug. 27, 2009. Includes bibliographical references (p. 89-92).

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7

Morgan, Michael R. "Biases in the imposition of the Death Penalty an investigation into discrimination in the sentencing of capital crimes in the United States, 1983-2001 /." Diss., Connect to the thesis, 2006.

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8

Waesche, Matthew J. "The equity of punishment in the Naval Academy conduct system : a statistical analysis." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FWaesche.pdf.

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Thesis (M.S. in Leadership and Human Resource Development)--Naval Postgraduate School, June 2002.
Thesis advisor(s): J. Eric Fredland, Erik Jansen. Includes bibliographical references (p. 101-102). Also available online.

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9

Montgomery, Betsy. "Explaining the ineffectiveness of the Convention on the prevention and punishment of the crime of genocide the leadership of the hegemon /." unrestricted, 2007. http://etd.gsu.edu/theses/available/etd-11042007-191946/.

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Thesis (M.A.)--Georgia State University, 2007.
Title from file title page. John Duffield, committee chair; Kim Reimann, Charles Hankla, committee members. Electronic text (45 p.) : digital, PDF file. Description based on contents viewed Feb. 6, 2008. Includes bibliographical references (p. 43-45).

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10

Pastel, Teague A. "Marine Corps leadership empowering or limiting the strategic corporal? /." Quantico, VA : Marine Corps Command and Staff College, 2008. http://handle.dtic.mil/100.2/ADA490868.

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11

Lux, Erin. "From Rehabilitation to Punishment: American Corrections after 1945." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23504.

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The incarceration rate in the United States has increased dramatically in the period since 1945. How did the United States move from having stable incarceration rates in line with global norms to the largest system of incarceration in the world? This study examines the political and intellectual aspects of incarceration and theories of criminal justice by looking at the contributions of journalists, intellectuals and policy makers to the debate on whether the purpose of the justice system is rehabilitation, vengeance, deterrence or incapacitation. This thesis finds that justice and the institution of the prison itself are not immutable facts of modern civilization, but are human institutions vulnerable to the influence of politics, culture and current events.

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12

Boyce, G. R. "Training and educating the strategic corporal." Quantico, VA : Marine Corps Command and Staff College, 2008. http://handle.dtic.mil/100.2/ADA490789.

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13

Law, William L. "An argument advocating reform in the appellate process of U.S. capital cases." Honors in the Major Thesis, University of Central Florida, 2000. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/197.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Arts and Sciences
Political Science

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14

Erisman, Sally. "Killing Women: A Critical Study of Gender Equality in the U.S. Criminal Justice System Regarding the Most Severe Form of Punishment." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23044.

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About 1 in 10 murders in the United States are committed by a woman. Meanwhile, only about 1 in 50 death row inmates are women. This initially suggests that women are favored in capital cases. There have been two predominant viewpoints attempting to explain the statistical imbalance: on the one hand there is Rapaport’s theory of gender-related crime in relation to existing legal directives on what warrants a capital sentence; and on the other hand is Streib’s theory of chivalry, that women are receiving lenient treatment in capital cases because they are women. This study has examined both theories, and tested their validity, by analyzing statistics and other material supporting or opposing their respective claims. The entire study has been carried out through a feminist theoretical perspective, questioning how “gender” plays an active part in capital cases, and relating committed crime to the victim, subsequently finding that even though Rapaport and Streib advance different theories, neither theory supports a claim that favoritism is incorrect.

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15

Garland, Ross. "Cross-citation in death penalty cases and the internationalisation of human rights." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.

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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.

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16

Pemberton, Sarah. "Indiscipline, punishment, gender and race : examining Discipline and Punish in the context of the prison systems of the United States, and England and Wales." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/33195.

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This dissertation explores how the changing philosophy and practices of criminal punishment in the United States, England and Wales reflect broader techniques and relations of power in these societies. Two questions motivate this research: firstly, the extent to which Michel Foucault’s account of power and the prison is applicable now; and secondly, whether Foucault's later work provides an adequate conceptual framework for theorizing the aspects of power that he either overlooks or inadequately addresses in Discipline and Punish. I identify three trends in criminal justice over recent decades that challenge Foucault's account of penality: sharply rising incarceration rates, prison privatization, and the racialized and gendered nature of prison populations. I argue that although Foucault's concept of disciplinary power remains applicable, a fuller understanding of contemporary penality requires an analysis of how race and gender are constituted through biopower, and of how neoliberalism has shaped penal policy and contributed to greater socioeconomic inequality. Although I conclude that Foucault's theorization of power and the prison in Discipline and Punish is inadequate in light of the racialized and gendered nature of power relations in both historical and contemporary criminal justice systems, I draw on his later work to re-theorize power and inequality. I argue that Foucault's analysis of sex, sexuality, and race provides a valuable conceptual framework that generates important insights, particularly through the concepts of biopower and state racism. However, I critique aspects of Foucault's later work, arguing that his analysis of race is inattentive to the inter-relation of race, class and capitalism; that his analysis of sex and sexuality overlooks the question of gender; and that his account of neoliberalism is more descriptive than analytical. I therefore combine the conceptual framework provided by Foucault with insights from feminist theory, queer theory and critical race theory to show how racialized, gendered and sexed identities become constituted within institutions such as the prison. My conclusion is that criminal justice and prison systems serve to construct and reinforce racialized and gendered identities, and thereby contribute to racialized and gendered inequalities that extend far beyond the prison system.

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17

Yokabel, Amanuel. "The Effect of International Organized Punishment of Foreign Policy : A study on the effects of sanctions imposed against the Government of Zimbabwe between 2002-2020." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-101472.

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In the early 2000 the government of Zimbabwe was targeted by sanction and restrictive measures imposed by the United States and the European Union. Sanctions have for decades been used as a method to delegitimize and isolate wrongdoers in order to promote democratic transitioning. Unfortunately, in many cases this foreing policy method has failed to transform authoritarian ruling into democracy as the intentions, purposes and outcomes of sanctions have not been aligned. With a methodological qualitative approach, this study will utilize a case study research design with an semi structured interview approach to investigate the effects of sanctions against the government of Zimbabwe. Does sanctions result in the desired outcome? What consequences are caused by the design of sanctions for third world states? Sanctions have challenged the Government of Zimbabwe’s response to economic crises, unemployment and polarisation of internal politics together with many other outcomes. However, the ZANU-PF leadership have surprisingly gained tremendous support in the south African region in their anti-imperialistic fight against the west. In addition, this study questions and criticizes the imposition of sanctions upon weaker states by wealthy and dominant nations in world politics. To support the argument that sanctions operate in contradiction to their intentions and purposes, a detailed empirical examination and analysis of these four categories will be presented: political effects, economy, internal conflict and policy making.

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18

Mukherjee, Amrita. "The United Nations charter and treaty based monitoring mechanisms in relation to the prohibition of torture and other cruel, inhuman and degrading treatment or punishment : a study of two states, the United Kingdom and the Republic of India." Thesis, University of Nottingham, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415863.

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19

Balsiūnaitė, Ernesta. "Ar teisinė vaiko apsauga nuo smurto Lietuvoje,- užtikrina JT keliamus tikslus dėl fizinių bausmių uždraudimo?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140619_163422-86029.

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Darbe analizuojami skirtumai tarp Lietuvos vaiko apsaugos teisės aktų ir Jungtinių Tautų vaiko teisių konvencijos nuostatų bei keliamas klausimas, ar Lietuvos teisinė vaiko apsauga nuo smurto užtikrina Jungtinių Tautų keliamus tikslus dėl fizinių bausmių draudimo. Išnagrinėtos fizinio smurto rūšys bei formos nacionaliniu ir tarptautiniu lygmeniu. Atlikta Jungtinių Tautų vaiko teisių konvencijos, Europos žmogaus teisių konvencijos, Jungtinių Tautų vaiko teisių komiteto rekomendacijų nuostatų analizės. Nustatytas fizinės bausmės ir fizinio smurto teisinis santykis. Magistro darbe taip pat atskleista, ar fizinių bausmių reglamentavimas nepažeidžia privataus šeimos gyvenimo teisės. Pateikiama teisinės vaiko apsaugos problematika Lietuvoje. Aptariamas baudžiamasis ir administracinis teisinis vertinimas. Problemos sprendimui pagrįsti išnagrinėta Lietuvos teismų praktika. Darbo pabaigoje pateikiamos rekomendacijos dėl fizinių bausmių draudimo reglamentavimo Lietuvoje.
Having analysed the differences between the child protection legislation in Lithuania and the United Nations Child Rights Convention, in the paper it has been revealed that Lithuania does not implement the objectives set by the United Nations on banning of corporal punishment. The study has revealed that in the national domestic law Lithuania has not banned corporal punishment by law. The concept of corporal punishment is not defined neither by a framework of child’s rights nor by domestic violence laws in Lithuania. Having examined all issues, it is concluded that the corporal punishment is violation of human dignity and the right to bodily integrity and the inviolability, because it contradicts the provisions of European Convention on Human Rights.

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20

Tsukayama, John K. "By any means necessary : an interpretive phenomenological analysis study of post 9/11 American abusive violence in Iraq." Thesis, University of St Andrews, 2014. http://hdl.handle.net/10023/4510.

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This study examines the phenomenon of abusive violence (AV) in the context of the American Post-9/11 Counter-terrorism and Counter-insurgency campaigns. Previous research into atrocities by states and their agents has largely come from examinations of totalitarian regimes with well-developed torture and assassination institutions. The mechanisms influencing willingness to do harm have been examined in experimental studies of obedience to authority and the influences of deindividuation, dehumanization, context and system. This study used Interpretive Phenomenological Analysis (IPA) to examine the lived experience of AV reported by fourteen American military and intelligence veterans. Participants were AV observers, objectors, or abusers. Subjects described why AV appeared sensible at the time, how methods of violence were selected, and what sense they made of their experiences after the fact. Accounts revealed the roles that frustration, fear, anger and mission pressure played to prompt acts of AV that ranged from the petty to heinous. Much of the AV was tied to a shift in mission view from macro strategic aims of CT and COIN to individual and small group survival. Routine hazing punishment soldiers received involving forced exercise and stress positions made similar acts inflicted on detainees unrecognizable as abusive. Overt and implied permissiveness from military superiors enabled AV extending to torture, and extra-judicial killings. Attempting to overcome feelings of vulnerability, powerlessness and rage, subjects enacted communal punishment through indiscriminate beatings and shooting. Participants committed AV to amuse themselves and humiliate their enemies; some killed detainees to force confessions from others, conceal misdeeds, and avoid routine paperwork. Participants realized that AV practices were unnecessary, counter-productive, and self-damaging. Several reduced or halted their AV as a result. The lived experience of AV left most respondents feeling guilt, shame, and inadequacy, whether they committed abuse or failed to stop it.

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21

Jarvis, John Patrick. "Understanding imprisonment in the United States : a time series analysis in the sociology of punishment /." 1998. http://wwwlib.umi.com/dissertations/fullcit/9824290.

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22

Costelloe, Michael Chiricos Theodore G. "The contributions of crime salience and economic insecurity to explanations of punitive attitudes toward crime, welfare, and immigration." 2004. http://etd.lib.fsu.edu/theses/available/etd-06242004-133457.

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Thesis (Ph. D.)--Florida State University, 2004.
Advisor: Dr. Ted Chiricos, Florida State University, School of Criminology and Criminal Justice. Title and description from dissertation home page (viewed Sept. 21, 2004). Includes bibliographical references.

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23

Blue, Ethan Van. "Hard time in the New Deal : racial formation and the cultures of punishment in Texas and California in the 1930s /." Thesis, 2004. http://wwwlib.umi.com/cr/utexas/fullcit?p3139193.

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24

Overmier, Kimberly. "The Clinton Administration's Use of Hermeneutic Opportunities in the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide During the Bosnia and Rwanda Genocides." 2014. http://scholarworks.gsu.edu/communication_theses/108.

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This thesis explores the hermeneutic opportunities in the United Nations’ human rights documents which are used by states, like the United States, to rhetorically circumvent the responsibilities the documents place on U.N. member states. The way these opportunities are strategically used is examined through case studies of the Clinton administration attempts to evade involvement in the Bosnian and Rwandan genocides. News conferences, press briefings and speeches are used to do a rhetorical analysis of Clinton’s strategy in order to determine how that strategy was shaped by the constraints and opportunities of the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide.

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Blue, Ethan Van Foley Neil. "Hard time in the New Deal racial formation and the cultures of punishment in Texas and California in the 1930s /." 2004. http://wwwlib.umi.com/cr/utexas/fullcit?p3139193.

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26

Král, Zdeněk. "Libertariánská kritika amerického trestního práva." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-339586.

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The thesis analyzes selected issues in the U.S. criminal justice system, and the solutions proposed by American libertarians. First, it introduces libertarianism as a whole, based on both contemporary and historical sources. The thesis then examines the real influence of libertarians on U.S. politics, and the possibility that libertarian proposals might be adopted. It analyzes the successes of the U.S. Libertarian Party and introduces movement and factions in the two major parties, Republican and Democratic, and today's influential politicians who at least partially promote libertarian proposals. In the final, pivotal chapter, the thesis uses the theoretical base provided in the first chapter to analyze the shortcomings of the U.S. criminal justice system, and the solutions and changes that libertarians propose. The structure of this analysis follows the generally accepted structure of the system itself, dealing with criminal law and its enforcement through policing, courts and corrections. On each of these levels, the thesis introduces both the libertarian critique of today's system and examples of specific issues and proposed solutions. The thesis identifies the so-called "War on Drugs" as one of the key points of the libertarian critique, and uses is as a case study which illustrates the impact of...

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27

Tanfa, Denis Yomi. "Advance fee fraud." Thesis, 2006. http://hdl.handle.net/10500/2304.

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The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited.
Criminology
D. Litt. et Phil. (Criminology)

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Matshaba, Thabiso Donald. "Imprisonment in South Africa under maximum security conditions in the new millenium." Diss., 2007. http://hdl.handle.net/10500/1732.

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The main aim of this study is to obtain the Master of Technologiae degree. Secondly, this study gives more clarity on the conditions of detention in maximum security prisons in South Africa and selected countries, namely the United States of America and Australia. Inmates detained in maximum security prisons are those who were sentenced to serve long terms in prison, including those who show violent behavior at lower security prisons. The development and treatment programs offered for inmates detained at maximum security prisons are taken into consideration, while certain negative aspects unique to maximum security prisons are examined as well. This study is important for the South African correctional system, due to the increase in the number of inmates detained in these facilities.
Penology
M.Tech. (Correctional Services Management)

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