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Survivors Of Sexual Assault On The Stand: A New Feminist And Victim-Centered Bioethical Framework To Discuss Justice And Trauma, Mathilde Genest

Journal of International Women's Studies

This essay argues that neuroscientific knowledge of trauma should be utilized to address injustices experienced by survivors of sexual assault (SA) in the courtroom and introduces a new feminist and victim-centered bioethical framework. Survivors face several injustices during a SA trial. Rape myths and victim stereotypes, which stem from gender discrimination, create unrealistic expectations for survivors’ behaviors and engender epistemic injustices. Other injustices are inherent to SA trials. Notably, the justice system fails to protect survivors and actually harms them by granting them little agency while risking secondary victimization. Many injustices experienced by survivors are linked to their reactions to …

Removing A Log From The Nation’S Eye: A National Self-Analysis Of The Domestic Terrorism Question, Katherine R. Doan

Helm's School of Government Conference - 2021-2024

Terroristic values are easy to be ascribed to foreign enemies, but it is far more difficult to admit that domestic citizens could be extremist to the point of being labeled a terrorist. Terrorists are not born; they are made. The following research focuses on the commonalities of upbringing in known domestic terrorists within the United States of America that may reveal noticeable similarities in education, radicalization, and identity. The criminal justice system has yet to discover a perfect method of administering retribution to terrorists. While they have broken the law, their intentions and results are not the same as an …

Restitution Is A Necessary Part Of Biblical Forgiveness: A Look At How The Bible Provides A Legal And Moral Solution For Transgressions Committed, Robert Andrew Pannier

Doctoral Dissertations and Projects

The purpose of this dissertation is to examine the principle of restitution and how it is an essential part of biblical forgiveness. What makes this principle so important is that God wanted to ensure that there was no barrier to the unity of the body of Christ and unforgiveness related to a transgression can be a huge barrier as it creates resentment and anger. Since the ultimate goal of God is the unity of His creation, God provided a system where true forgiveness could be achieved, both from a legal standpoint, where a debt was repaid, and from a moral …

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Lived Experiences Of Civilian Review Board Members, Vereen Charmaine Barton

Walden Dissertations and Doctoral Studies

AbstractThe purpose of this transcendental phenomenological research was to describe the lived experiences of investigative civilian review board (CRB) members. The central research question of the study examined the lived experiences of investigative civilian review board members as it related to recruitment and selection, training, and support. Eight participants from two CRBs in the Northeast and Midwest formed a random sample of six females and two males. Three data collection instruments were used in this research (in-depth interviews, writing prompts, and personal narratives) to elicit information. The instruments were designed to prompt information about CRB members' experiences based on the …

The Lived Experiences Of Civilian Review Board Members, Vereen Charmaine Barton

Walden Dissertations and Doctoral Studies

AbstractThe purpose of this transcendental phenomenological research was to describe the lived experiences of investigative civilian review board (CRB) members. The central research question of the study examined the lived experiences of investigative civilian review board members as it related to recruitment and selection, training, and support. Eight participants from two CRBs in the Northeast and Midwest formed a random sample of six females and two males. Three data collection instruments were used in this research (in-depth interviews, writing prompts, and personal narratives) to elicit information. The instruments were designed to prompt information about CRB members' experiences based on the …

Interpersonal Forgiveness Is The Recognition That Justice Is Attained, Raphael Faith Moser

Legacy Theses & Dissertations (2009 - 2024)

Abstract

The Philosophy Of Punishment: An Analysis Of Criminal Punishment In The Context Of Moral Justice, Bailey Mckeon

Senior Theses and Projects

No abstract provided.

Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings

Undergraduate Theses

In the late 1970s through the 1980s, sanctuary movements emerged in the United States to support and provide sanctuary for immigrants and asylum seekers without a legal status of U.S. citizenship. This movement has its roots in the ancient church tradition of offering sanctuary to people accused of crimes. Religious leaders offered protection against the government in the name of their beliefs. It is a cycle that has often been repeated throughout history from the medieval European era to abolitionists helping runaway enslaved people in the United States to the contemporary movements existing today. This project explores and analyzes three …

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Ethics, Justice, And The Impact Of Covid-19 On The Courts In Canada, Bruce Preston

The Canadian Society for Study of Practical Ethics / Société Canadienne Pour L'étude De L'éthique Appliquée — SCEEA

Canadian courts have struggled with delay for decades. The advent of the COVID-19 pandemic added to an already difficult situation. Courts were required to take swift action, which they did. Despite this, they have faced criticism concerning the approach taken. I will argue that this criticism is not warranted and has more to do with the perceptions of the courts’ past performance than it has to do with their response to the pandemic. Regardless, the systemic delay in Canadian courts has become an issue of ethics which overshadows any success they have had in the current pandemic.

Another Time, Another Place: The Truth Of Silence In J.M. Coetzee's Disgrace, Sara T. Murphy

Theses and Dissertations

Through Lucy’s rejection of the criminal justice system, Coetzee's Disgrace operates as an allegory for the failure of the Truth and Reconciliation Commission to provide individual justice and reparations to victims of Apartheid.

Nietzsche On Criminality, Laura N. Mcallister

USF Tampa Graduate Theses and Dissertations

In Nietzsche scholarship, little has been done regarding Nietzsche’s reflections on penology and criminology. This dissertation aims to critically examine Friedrich Nietzsche’s thoughts on justice, punishment, and the criminal and to show that his interest in these topics runs throughout his writings. Nietzsche attacked the tradition of Western justice theory and the idea that justice consists in giving each their due. I argue that in place of this notion of justice, he puts forth a non-metaphysical, naturalistic account of justice that refuses to judge and hold man accountable. In addition, I explicate Nietzsche’s passionate critique of punishment, which stops short …

Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Retributive Justice: A Review Of The Ethical Considerations Surrounding Capital Punishment And Solitary Confinement As Used In United States Correctional Facilities, Adelaide Marie Laros

Honors Papers

The purpose of this paper is to argue the use of capital punishment and segregated housing throughout United States correctional facilities constitute human rights violations through torture. Regardless of the reason for their application, these penalties are physically and psychologically damaging, inconsistently assigned, costly, and, in their most potent form, fatal. As such, I advocate for the national abolishment of these practices. In their place, I support enacting policies that promote education and reformation over punishment. My aim in making this argument is to encourage a transition away from the popular American judicial ideology grounded in retribution toward a framework …

Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines

Dickinson Law Review (2017-Present)

The article focuses on a troubling aspect of contemporary judicial morality.

Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.

Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …

Biblical Principles Of Government And Criminal Justice, Kahlib J. Fischer

Liberty University Journal of Statesmanship & Public Policy

This article formulates a Biblical perspective on government, public policy, and criminal justice. It does so emphasizing themes of covenant, justice, inalienable rights, and proper boundaries and cooperation between Church and State, and other spheres of sovereignty within a society. These themes are predicated upon central tenants of Scripture--the sovereignty of God, the imago dei of all humans, and the and the centrality of the Gospel.

Impartiality: A Comparison Of Legal Processes In The United States And Italy, Robert Borden

Undergraduate Honors Theses

This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, …

Criminal Justice Bias: Fact Or Fiction, Hiba Mobarak

Quest

Objective Analysis

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively criticize …

Implementation Considerations For Mitigating Bias In Supervised Machine Learning, Bardia Bijani Aval

CSB and SJU Distinguished Thesis

Machine Learning (ML) is an important component of computer science and a mainstream way of making sense of large amounts of data. Although the technology is establishing new possibilities in different fields, there are also problems to consider, one of which is bias. Due to the inductive reasoning of ML algorithms in creating mathematical models, the predictions and trends found by the models will never necessarily be true – just more or less probable. Knowing this, it is unreasonable for us to expect the applied deductive reasoning of these models to ever be fully unbiased. Therefore, it is important that …

Justice On Trial: German Unification And The 1992 Leipzig Trial, Emily Dorothea Purvis

Honors Papers

With this thesis, I intend to formulate an argument about the evolution of a historical justice culture in Germany, both after the Second World War and post-unification. As a means of examining historical memory in post-war Germany, historians and scholars have turned their attention to the East and West German legal trials which were held in response to the crimes committed by the Nazi state. For the purpose of this thesis, my analysis will be structured around the examination of the 1950 Waldheim Trials and their lasting legacy in both post and preunification Germany.

The Waldheim Trials were foundational in …

In The Dark – Pushing The Boundaries Of True Crime, Sharon Davis

RadioDoc Review

True crime podcasts are a burgeoning genre. As journalists and storytellers, how do we balance the pursuit of justice and our responsibility to the victims with the demand to tell a gripping tale? As listeners, are we using the pain of others for our own entertainment? In the Dark podcast (Seasons 1 and 2) takes us beyond a vicarious fascination with true crime stories into a forensic and essential look at deep-rooted biases, corruption and systemic failures that prevent justice from being served.

The first season (2016) investigates the 1989 kidnapping, sexual assault and murder of 11-year-old Jacob Wetterling In …

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which …

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

All Faculty Scholarship

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …

Role Of The Church In Restorative Justice : Sex Trafficking Of Children And Young Girls In Karnataka, Roopa Anand

ATS Dissertations

No abstract provided.

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the …

Civic Tenderness: Love's Role In Achieving Justice, Justin Leonard Clardy

Graduate Theses and Dissertations

Martha Nussbaum’s work Political Emotions: Why Love Matters for Justice identifies the role that compassion plays in motivating citizens in a just society. I expand on this discussion by considering how attitudes of indifference pose a challenge to the extension of compassion in our society. If we are indifferent to others who are in situations of need, we are not equipped to experience compassion for them. Building on Nussbaum’s account, I develop an analytic framework for the public emotion of Civic Tenderness to combat indifference.

Civic tenderness is an orientation of concern that is generated for people and groups that …

Making The World A Better Place: The Praxis Of Christian Community Development As A Church Planting And Multiplication Strategy In Urban Poor Communities In The United States, Phillip W. Struckmeyer

Doctor of Ministry

The topic of this dissertation centers on church planting and multiplication in urban poor communities in the United States. The ministry problem being addressed is the fact that The Wesleyan Church denomination does not have a strategy for church planting and multiplication in urban poor communities. In Section One, the complexity of this problem will be explored by: first, considering The Wesleyan Church’s predominantly rural-based, white-evangelical past; second, considering the effects of urbanization and globalization, which have created an increasingly urban, multiethnic, and socioeconomically divided mission field in the United States; and last, gaining a deeper understanding of systemic racism …