The University of Southern Mississippi The Aquila Digital Community Dissertations Summer 2017 Third Party Reforms In Corrections: A Qualitative Analysis Of Interest Groups’ Effectiveness At Reducing Entropy Using Litigation James M. Pitts University of Southern Mississippi Follow this and additional works at: https://aquila.edu/dissertations Recommended Citation Pitts, James M., "Third Party Reforms In Corrections: A Qualitative Analysis Of Interest Groups’ Effectiveness At Reducing Entropy Using Litigation" (2017).edu/dissertations/1446 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact Joshua.
THIRD PARTY REFORMS IN CORRECTIONS: A QUALITATIVE ANALYSIS OF INTEREST GROUPS’ EFFECTIVENESS AT REDUCING ENTROPY USING LITIGATION by James Mack Arthur Pitts A Dissertation Submitted to the Graduate School, the College of Science and Technology, and the School of Criminal Justice at The University of Southern Mississippi in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2017 THIRD-PARTY REFORMS IN CORRECTIONS: A QUALITATIVE ANALYSIS OF INTEREST GROUPS EFFECTIVENESS AT REDUCING ENTROPY USING LITIGATION by James Mack Arthur Pitts August 2017 Approved by: ________________________________________________ Dr. Wesley Johnson, Committee Chair Professor, Criminal Justice ________________________________________________ Dr. Lisa Nored, Committee Member Professor, Criminal Justice ________________________________________________ Dr. Kimberly Chism, Committee Member Assistant Professor, Criminal Justice ________________________________________________ Dr.
Hayden Griffin, Committee Member Assistant Professor, Justice Sciences, University of Alabama at Birmingham ________________________________________________ Dr. Lisa Nored Director, School of Criminal Justice ________________________________________________ Dr. Coats Dean of the Graduate School James Mack Arthur Pitts 2017 Published by the Graduate School ABSTRACT THIRD PARTY REFORMS IN CORRECTIONS: A QUALITATIVE ANALYSIS OF INTEREST GROUPS’ EFFECTIVENESS AT REDUCING ENTROPY USING LITIGATION by James Mack Arthur Pitts August 2017 Interest groups have been prevalent in American society for decades. Much of interest groups’ (IGs) influence has been examined by their effect on decision-making.
IGs’ ability to affect policy choices is undeniable both legislatively and judicially. Analyses of judicial decision-making generally focus on the use of amicus curiae briefs (ACBs) by IGs. While most analyses of IGs’ influence have been conducted using quantitative methods, few have assessed IGs’ effect on decision-making qualitatively. Although the literature on IGs and decision-making is well established among political scientists, these concepts have been discussed much less among criminologists.
The current analysis fill this void by conducting a qualitative content analysis of ACBs submitted by IGs working to reform corrections through USSC litigation. By doing so, this analysis more exhaustively identifies IGs involved in corrections reform and their stances on various issues. Additionally, this approach provides a more in depth understanding of how and why ACBs have been an effective strategy for IGs. ii ACKNOWLEDGMENTS I would like to personally acknowledge several notable individuals that have contributed substantially to my personal and professional development.
First and foremost, special consideration is given to Dr. Johnson, also known as Wes, of the School of Criminal Justice at the University of Southern Mississippi. Wes has contributed extensively to my success as a dissertation chairman, doctoral advisor, and professor for numerous classes. Additionally, he has assisted me as a mentor, friend, and fellow musician, such that he is now considered to be a member of my extended family.
Wes has worked tirelessly to assist me in meeting various deadlines during my time as a doctoral student. As well, Dr. Johnson encouraged me to put aside personal biases rooted in political ideology in favor of a more objective approach to assessment and evaluation. Further, he has always stressed the importance of “family first” as a priority in life.
I look forward to working with Dr. Johnson in various capacities in the future. Second, special consideration is given to Dr. Hayden Griffin who is current at the University of Alabama Birmingham.
Griffin has been an inspiration to me through his tenacity for good debate, extensive knowledge of music history, and similar interests in video games. His character precedes him as an excellent writer, teacher, and researcher. Griffin was instrumental in helping me realize that law school is not always the best option to accomplish my goals of prison reform. As such, he has worked tirelessly to help me refine my writing style, establish a research agenda, and navigate the complexities of the publication process.
His advice has been invaluable as I could always turn to him for mentoring on most any given subject. I look forward to publishing with Dr. Griffin as I further develop my career as an academician. iii Third, special consideration is given to Dr.
Kathanne Greene of the political science department at the University of Southern Mississippi. Greene helped me to develop many of my political views beginning as early as freshman year at the University of Southern Mississippi. She has always displayed unique views about government and society that have been instrumental in my professional development. Further, she has always stressed the importance of women’s rights which are routinely disregarded or violated.
Her views on politics, punishment, patriarchy, and prisons have helped me to realize the value of my own ideas. I cannot thank her enough for many difficult and demanding classes as an undergraduate which ultimately prepared me for graduate studies. Lastly, I will never forget her controversial, yet accurate comments in class the day after the attack on the World Trade Center on September 11, 2001. Finally, special consideration is given to Dr.
Robert Press, also known as Bob, of the political science department at the University of Southern Mississippi. Bob’s teachings on human rights, foreign politics, and social movements were essential to my belief that the American prison system can be reformed. I was always inspired by his work and travels as a reporter in Africa. More than anyone, Dr.
Press was the first individual to suggest that I too would someday work as a teacher in higher education. He continues to be invested in my academic success as an interdisciplinary advisor and community activist. Together these four individuals have made substantial contributions to my academic and personal development. The aforementioned compliments are well deserved and are just a small token of my appreciation as a student.
Much thanks to all of you. iv DEDICATION Personal thanks is given to God who is the head of my life. I only hope that what I have accomplished and will continue to pursue will be acceptable in His sight for the purpose of glorifying His kingdom. To God be the Glory! Special thanks is given to my parents both of whom have encouraged me to strive for the highest level attainable in every endeavor.
Throughout the course of my life, my mother and father have demonstrated unmatched dedication and commitment to the successful completion of my academic pursuits. Similarly, they have been an excellent example of perseverance and determination despite numerous obstacles which they have encountered in life. For these reasons, they are my “heroes” in every way. I pray that my accomplishments have made them proud.
My success results from the sacrifices made by each of them to ensure that I received a high quality education. Thanks to my wife, LaTisha Pitts, who endured the stress of the dissertation process with me. Throughout our marriage, she has been the one that encouraged me during the toughest of times. I am elated that she can now share in the joy of completing this chapter of my life.
Thanks to her unwavering support and dedication, we now stand at the precipice of success. In closing, I look forward to the completion of her dissertation as she is soon to be called Dr. LaTisha Lenese Pitts as well. Thank you for being my best friend, my wife, and my “shoulder.” v TABLE OF CONTENTS ABSTRACT.
v LIST OF TABLES. x LIST OF ABBREVIATIONS. xi CHAPTER I –INTRODUCTION. 1 Inmates and Prisoners’ Rights.
5 Gaps in Previous Literature. 10 Justification for Study. 11 CHAPTER II - LITERATURE REVIEW. 20 How are IGs effective?.
21 Why are IGs effective?. 22 Where are IGs commonly effective?. 22 vi Legislative decision making. 23 Judicial decision making.
24 ACBs as influential factors. 32 The American Civil Liberties Union (ACLU). 32 The Southern Poverty Law Center (SPLC). 34 The National Association for the Advancement of Colored People (NAACP) 35 Comparisons among prominent IGs.
37 Gaps in previous literature. 44 CHAPTER III - METHODOLOGY. 48 Benefits of the sampling design. 53 Conceptualization and Operationalization.
60 CHAPTER IV – ANALYSIS AND FINDINGS. 61 IGs as Counsel. 62 IGs’ Stance on Inmate Litigation. 65 Frequency of Participation.
66 Scope of Reforms. 85 Other Factors to Consider. 94 Utility of the Analysis. 96 Recommendations for Future Research.
98 APPENDIX A – Full Lists. 119 ix LIST OF TABLES ACGs and IGs Participating as Counsel. 63 Cases Involving IGs as Counsel Exclusive of ACB Submissions. 64 Scope of Case and Frequency.
73 IGs’ Stance and Frequency of Participation. 77 Influence Factors by Case. IGs and Cases Full List. ACGs and Cases Full List.
Cases Analyzed and Scope Full List. 115 x LIST OF ABBREVIATIONS ACB Amicus Curiae Brief ACG Amicus Curiae Groups IG Interest Group INF Influence OwMI Offenders with Mental Illness USSC United States Supreme Court xi CHAPTER I –INTRODUCTION Interest Groups Throughout American history, interest groups (IGs) have played a pivotal role in shaping our society. Alternatively, IGs might also be referred to as pressure groups, social/political, or advocacy groups (Griffin, Woodward, & Sloan, 2016; Smith & Pollack, 2000; Yancey, 2014). Although IGs have influenced economics and social relationships their influence is perhaps most notable politically.
Political scientists have long debated the role of IGs in economics, elections, and both legislative and judicial decision making. The role of IGs in American politics has been well documented highlighting a long history of successful lobbying (Caldeira & Wright, 1998; Shepherd, 2009; Wiseman & Ellig, 2007). Despite these facts the role of IGs in helping shape the criminal justice system seems understated in criminal justice literature. This is not to suggest that the impact of IGs’ lobbying efforts have gone completely unrecognized among criminologists.
Several authors have made considerable contributions to the literature concerning IGs in numerous areas. For instance, Stolz (2005; 2002) asserts the role of IGs in criminal justice policy making by focusing on the efforts of these organizations legislatively. Similarly, Samuel Walker’s (1999) historical account of the American Civil Liberties Union (ACLU) provides a lengthy record of the origins of the organization. In doing so, the author provides readers with substantial insight into the ACLU’s evolution and procedures.
Lastly, Buckler (2014) highlights the importance of IGs as these groups often influence judicial decision making with regards to case selection and case outcomes. While a discussion of IGs as influential actors is prevalent among 1 criminologists, such literature is sparsely available from sources that focus on the criminal justice system (Stolz, 1997). Much like other actors in the criminal justice system IGs are oriented toward public service to some extent. These organizations provide services to the public by advocating for the rights of various individuals or groups that are often unable to do so.
Just as the major institutions of the criminal justice system (police, courts, and corrections) are based upon the notion of public service IGs are primarily concerned with service by protecting the public in the event that the government fails to do so. Services rendered by IGs commonly involve upholding citizens’ rights using litigation and efforts to educate others by disseminating information (Collins, Jr. & Solowiej, 2007; Garland & Simi, 2011; Smith & Pollack, 2000; Zackin, 2008). This is not to suggest that all IGs are preoccupied with citizens’ rights or employ identical strategies in an attempt to protect those rights (Griffin et al.
The aforementioned efforts to champion citizens’ rights are by no means exhaustive.