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Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

The Miller Trilogy, Jones, And The Future Of Juvenile Sentencing And Constitutional Interpretation In The Post-Jones America, Gabriela Seguinot

Senior Theses and Projects

The United States is an outlier in juvenile sentencing practices, often subjecting youth offenders to extreme and lengthy punishments. While the Supreme Court over the past two decades has been slowly narrowing the nation’s use of such sentences against children through a series of cases known as the Miller Trilogy, this progress came to a sudden halt in the 2021 case of Jones v. Mississippi. However, in surprising turn of events, the Supreme Court’s recent national display of restraint has not stopped sentencing reform efforts in the states. Contrary to the current Supreme Court, states in the U.S. have …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role is male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

The Devil In The Details: Sex Work Legalization, Sexual Violence, And Moral Subjectivity, Molly Hauf

Departmental Honors Projects

Prostitution legislation has re-emerged in public and academic discourse in recent decades after relative silence on the issue since the mid-twentieth century, spurred by Sweden’s adoption of prostitution decriminalization - the first known legislation criminalizing the buyers of sex (rather than the sellers) to be actualized in legislation. Since then, scholarship examining the population-level effects of such legal changes has found evidence that changes in legislation affect rates of sexual violence, although the causal credibility and generalizability of some of this scholarship is disputed. Additionally, much of the previous scholarship examining this question used relatively small sample sizes that include …

Justice On Trial: A Multifaceted Analysis Of Capital Punishment, Abby Long

Honors Theses

There is an ongoing debate surrounding the criminal justice system, focusing specifically on the controversial topic of capital punishment. Highlighting a startling statistic—one in nine death row inmates being exonerated— a pivotal question arises of what factors influence sentencing outcomes? Seven variables, number of sentences, income of offender, region of sentencing, race of offender, gender of offender, and political affiliation of sentencing state, are considered to understand the variations in sentencing outcomes and assess the fairness of the current judicial process. Using an OLS regression analysis of data from all 50 U.S. states, the paper seeks to better understand capital …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how 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 …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

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 …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at how concepts about virginity animate the United States’ handling of rape cases.

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Essays On The Economics Of Law And Crime, Zachary J. Porreca

Graduate Theses, Dissertations, and Problem Reports

The first chapter examines the connection between gentrification and urban violence. I demonstrate a positive and plausibly causal relationship between urban redevelopment and gun violence in Philadelphia. As the underlying mechanism, I focus on gentrification's displacement effect on local drug markets. Treating the city as a spatial network of city blocks and using two-way fixed effects differences-in-differences estimators, I show the gentrification of one block increases violence across the surrounding neighborhood. I find that some 2,400 (8%) of Philadelphia's shootings between the years 2011 and 2020 can be attributed to spillover effects from the gentrification of drug blocks. This effect …

Sex, Drugs, And Secondary Confessions, Kylene Street

Theses

Jailhouse informant testimony in the form of secondary confessions is one of the leading causes of wrongful convictions in the United States. Often, informants receive incentives in exchange for their testimony. This is the first study to incorporate incentives other than reduced sentences. In two experiments, employing a multigroup comparison with 4 levels of the independent variable (Incentive: Legal, Illegal, No Incentive, No Informant), this study explored the influence the type of incentive received by the informant had on jury decision making. The results of Experiment 1 indicated neither perceptions of the informant nor verdict decision making were influenced by …

Against The Death Penalty, Charles Jessup

Student Research Submissions

My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

Effects Of Expungement Laws And Public Perception On Employers’ Attitudes Toward Hiring Wrongfully Convicted Individuals, Tija Lashon Hopkins

Walden Dissertations and Doctoral Studies

AbstractMany studies have been conducted with a focus on wrongful convictions, but few have been conducted that were focused on the effects of wrongful convictions on hiring managers when it comes to issues of employment for exonerates. Criminal background checks are frequently a part of the hiring process, and hiring managers may lack knowledge or awareness of issues facing wrongfully convicted individuals in terms of record expungement and sealing. Simultaneously, public perception may hinder hiring managers’ desire to extend employment offers to exonerates, as hiring managers might fear reprisal from customers. The purpose of this qualitative study was to explore …

Essays On Crime And Law, Morgan Elaine Stockham

CGU Theses & Dissertations

Civil law and public policy often are related to crime in complex and interesting ways. The following dissertation explores the intersections of divorce law and public policy with criminal outcomes. Within my first chapter, we attempt to identify the causal effect of wages on a prosecutor’s effort by studying an exogenous salary increase in New York. We measure the performance by the likelihood that a conviction is upheld when appealed. If the efficiency wage theory explains behavior, then the exogenous wage shock should entice better performance. Alternatively, if individuals who hold office are motivated primarily by an intrinsic motivations rather …

A Comparative Analysis Of Repatriation Of Native American Artifacts And Human Remains Laws In Montana, Usa And Alberta Canada, Helen Cryer

Graduate Student Theses, Dissertations, & Professional Papers

ABSTRACT: Native American and Indigenous communities across the United States and Canada have lost an extensive amount of human remains and sacred artifacts to non-Native people exhuming Native American and Indigenous burial sites that may have been dug up for personal gain, stolen, placed in museums, or left in the hands of non-Native collectors. The repatriation of human remains and sacred artifacts to Native nations can be a lengthy, political, and challenging process yet it is worth the effort for Native people. Native American advocacy and evolving public sentiment toward Native people have led to legislative advancements in the United …

Criminalizing Lgbtq+ Jamaicans: Social, Legal, And Colonial Influences On Homophobic Policy, Zoe C. Knowles

USF Tampa Graduate Theses and Dissertations

Based on colonial and neocolonial models of oppression, Jamaica has adopted many laws, policies, and systems mandated by the British monarchy. Many of these laws contain anti-LGBTQ+ policies which remain in effect today. To address the criminalization of LGBTQ+ identities, I used queer theory and queer criminology to analyse the ways Jamaica constructs LGBTQ+ people as criminals and how they are treated in the legal and criminal justice systems from a postcolonial standpoint. Using a qualitative text-based feminist and queer policy analysis, I investigated social, legal, and colonial influences on current anti-LGBTQ+ policy by looking at the Offences Against the …

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.

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

An Analysis On Whether An Accounting Background Lays The Foundation For A Successful Transition Into Law School, Christopher M. Chimienti

Honors Capstones

The purpose of this paper is to analyze how an undergraduate degree in accountancy will assist in the study of law. To accomplish this, the paper looks at the course curriculum of a Northern Illinois University Accountancy major and the first year required courses in three law schools of varying rankings. Then, the skills and knowledge taught in each curriculum will be compared to see if there is any overlap. To supplement this analysis, I will host interviews with professional lawyers and law teachers who will give descriptions of the skills needed in everyday work. In addition to this analysis, …

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, …

Sex Work Decriminalization And Feminist Theory, Gabriella Mesce

Senior Theses

This thesis explores the history and nuances of sex work and feminist philosophy, especially within the context of commercial sex and feminist legal theory. Through an analysis of four different feminist philosophies that stemmed from the “sex wars” of the 1980s such as abolitionism, neo-abolitionism, decriminalization and legalization and their perspectives on sex work, the belief systems of these perspectives and their relation to feminist jurisprudence, as well as a comparative study of decriminalized sex work in Amsterdam, the capital of the Netherlands and Juárez, Mexico, this research shows the ramifications of decriminalization of sex work on progressive feminism.

Redefining The Crisis On Childhood – Investigation Through Amending Of The Juvenile Act (1949) In Japan From The 1990s Into The Next Century, Yoshie Udagawa

CGU Theses & Dissertations

Childhood presents various images associated with words such as ephemerality, vulnerability, innocence, extraordinariness, immaturity, growth, energy, and hopefulness; yet childhood is an invented concept, which does not provide concrete or fixed implications of what a child is or what the being of a child is. Age is set as a rough standard for the adult- child distinction in legal systems. In Japan, the idea of childhood has been discussed with the age of adulthood in the civil code and juvenile law after 2000. The legal age of adulthood had been 20 for almost 150 years. In the civil code, the …