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Legal Studies

2018

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Full-Text Articles in Law

Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal Dec 2018

Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal

Student Theses

Paper evidence is commonly encountered in cases of kidnapping, threatening letters, extortion, and bank robbery, and the optimal workflow between latent print processing and DNA collection is of interest to the forensic community. The overall aim of this project was to achieve optimal amounts of DNA for typing without destroying the fingerprint. The first study compared two collection techniques—tape-lifting by Scotch Removable Poster Tape and dry swabbing with FLOQSwabs— using prints deposited in defined locations. Samples were processed for DNA and developed with 1,2-indanedione. The second aim was to determine if visualizing print locations with fingerprint powder prior to DNA …


Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman Dec 2018

Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman

Student Theses

This thesis will examine the ways in which various cryptocurrencies have impacted certain traditional crimes. While crime is always evolving with technology, cryptocurrencies are a game changer in that they provide anonymous and decentralized payment systems which, while they can be tracked in a reactive sense via the blockchain, are seen by criminals as having better uses for them than traditional fiat currencies, such as the ability to send money relatively fast to another party without going through an intermediary, or the ability to obscure the origin of the money for money laundering purposes. Every week there are new cryptocurrencies …


Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder Dec 2018

Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder

Electronic Theses and Dissertations

Sex trafficking is a grossly misconstrued and increasing issue within the United States. The purpose of this study was to extend current knowledge regarding the public’s education on domestic sex trafficking and perceptions of domestic sex trafficking victims. The public’s awareness of domestic sex trafficking and perceptions of domestic sex trafficking victims were examined through the utilization of a 31 closed-ended question survey. The survey included questions about domestic sex trafficking and prostitution myths, domestic sex trafficking victim characteristics, domestic sex trafficking legislation, law enforcement’s involvement in domestic sex trafficking cases, and demographics. The sample consisted of 195 Criminal Justice …


‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan Oct 2018

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …


Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia Sep 2018

Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia

Dissertations, Theses, and Capstone Projects

While scholars have been studying the growing trend of female terrorists for several years, their research has not permeated politics or the media to help inform our Homeland Security policies. The findings from this body of research indicate that there is hesitance on behalf of the public (especially politicians and law enforcement) to acknowledge that women can be terrorists due to deeply engrained gender norms and expectations about gender roles. Terrorist groups are exploiting this unwillingness by recruiting more women to perpetrate terrorist acts (Lele, 2014; Bloom, 2011). Against the backdrop of the changes in gender norms and expectations that …


Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu Aug 2018

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion was …


Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr. Aug 2018

Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr.

Economic Crime Forensics Capstones

This qualitative study examines the role of healthcare insurance investigators related to medical fraud among physicians billing for services not rendered. Grounded in academic scholarship, industry case studies and first-hand knowledge, this study introduces methods identifying fraudulent activities, fraud detection practices and implications from discovering fraud among physicians, patients, and health insurance companies. The three types of methodologies employed provide a lens into determining misappropriation of healthcare insurance and patient monetary funds.

Healthcare fraud falls within the arena of white-collar crime. It consists of filing dishonest healthcare claims to receive a profit. Fraudulent healthcare schemes come in many forms. The …


A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus Aug 2018

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main basis for …


Delinquency Predictors: Offending To Commitment, Kaitlyn M. Pederson Aug 2018

Delinquency Predictors: Offending To Commitment, Kaitlyn M. Pederson

Boise State University Theses and Dissertations

The United States processes millions of adolescents through the juvenile court system annually. Throughout these hearings and upon adjudication, it is ultimately up to a judge to decide the juvenile’s disposition. Although research on juvenile delinquency has identified a variety of factors linked to youth offending, research is limited in terms of variables predicting a juvenile’s dispositional outcome. The current study examined number of predictive variables for youth offending to determine if they also influence a juvenile being committed to state custody in Idaho. This analysis consists of pre-screen evaluations obtained by the Idaho Department of Juvenile Corrections. The factors …


An Assessment Of Sentencing Disparities Among American Indians Within The Eighth, Ninth, And Tenth Federal Circuit Courts, Makenzie Laron Aaby Jul 2018

An Assessment Of Sentencing Disparities Among American Indians Within The Eighth, Ninth, And Tenth Federal Circuit Courts, Makenzie Laron Aaby

Dissertations and Theses

Assessing the effect of race on crime is an important topic of criminology and criminal justice research. Prior investigations have sought to uncover if racial disparities exist within certain aspects of the criminal justice system, such as arrests, trials, and sentencing. The existing scholarship, however, has largely focused on assessing differences between Black and Hispanic offenders in relation to White offenders. There has been little academic exploration to examine if racial disparities exist among American Indian offenders during criminal justice processing. To address this gap in knowledge, this study analyzes data collected from the United States Sentencing Commission to assess …


Evaluating The Effectiveness Of Justice Reinvestment Legislation In Oregon: Analyses Of State And County Implementation, Christopher Wade Dollar Jun 2018

Evaluating The Effectiveness Of Justice Reinvestment Legislation In Oregon: Analyses Of State And County Implementation, Christopher Wade Dollar

Dissertations and Theses

Sentencing reform and "tough on crime" policies have assisted in the inflation of the United States' prison population by nearly 400% over the last 50 years. In 2003, justice reinvestment was conceptualized as a way to decrease recidivism and remedy the exorbitant correctional spending by reinvesting funds on rehabilitation and reentry assistance to those leaving custodial institutions. Early implementations of justice reinvestment in Connecticut and Texas achieved both savings and reductions in prison populations. This led to the creation of the Justice Reinvestment Initiative by the U.S. Bureau of Justice Assistance in 2010. Officials of the Justice Reinvestment Initiative sought …


Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran Jun 2018

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this …


Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri Jun 2018

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence not presented …


Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson Jun 2018

Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson

Electronic Theses, Projects, and Dissertations

Mental Health Courts (MHCs) are a diversion program for mentally ill offenders in lieu of incarceration. The Substance Abuse and Mental Services Administration (SAMHSA) developed these specialized court programs in the 1990’s to assist mentally ill offenders in overcoming barriers to treatment. While new laws have begun to change the way mentally ill offenders are viewed from a law enforcement standpoint, social workers’ attitudes and beliefs about these programs have not been studied. This quantitative study’s purpose was to examine Master of Social Work (MSW) Graduate students’ attitudes and beliefs of mentally ill offenders and MHCs. Social work student participants …


Exploring District Judges' Decision Making In The Context Of Admitting Expert Testimony, Andrew Bryan Dzeguze May 2018

Exploring District Judges' Decision Making In The Context Of Admitting Expert Testimony, Andrew Bryan Dzeguze

Dissertations and Theses

Over the last several decades, multiple schools of thought have emerged regarding what impacts judicial decision making. In contrast to the classic legal model, studies have argued alternatively that judges are policy actors who rule consistent with their political attitudes; that behavioral traits such as race, gender and socialization influence judicial conduct, both consciously and unconsciously; that whatever policy interests judges may have, these are moderated by institutional constraints and strategic considerations; and that judges are subject to some common cognitive shortcuts in decision making, although they may be moderated or present differently than in the general population in light …


The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto May 2018

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …


Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer May 2018

Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer

Theses and Dissertations

California passed Proposition 47 by vote and changed the way the state punishes drug and theft. I find an increase in crime using a difference in differences model by computing the change in thefts with the change in inmates. This effect sides with anecdotal claims and disagrees with empirical studies.


Non-Traditional Transitional Justice Mechanisms And Perceptions And Symptoms Of Victimization Among Diasporic Individuals: Members Of The Coptic Christian Diaspora In The United States As A Case Study, Samy S. A. Gerges May 2018

Non-Traditional Transitional Justice Mechanisms And Perceptions And Symptoms Of Victimization Among Diasporic Individuals: Members Of The Coptic Christian Diaspora In The United States As A Case Study, Samy S. A. Gerges

Doctor of International Conflict Management Dissertations

Transitional justice measures are state-centered measures articulating atrocities committed by officials and occurring within the borders of a specific state. Questioning members of a Diaspora about the impact of transitional justice on their self-classification as victims and their experienced symptoms of victimization may therefore support attempts to expand the field of transitional justice. This study contributes to a body of work promoting understanding of the possibilities and constraints of transitional justice mechanisms, in the context of hate crime against Copts by Muslims in Egypt. To analyze the impact of restored relationships on self-classified victimhood and experienced symptoms of victimization, the …


The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker May 2018

The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker

International Development, Community and Environment (IDCE)

In October 2017, the city of Worcester began a three-month pilot program that worked to divert youth charged with domestic assault and battery crimes away from the criminal justice system and towards restorative services. Studies show that incapacitation, especially of low level offenders, does not reduce crime or produce better outcomes for individuals, families, or communities. Thus, it is essential to explore alternatives, such as diversion programs, that work to downsize the prison population, target the factors contributing to delinquency, and rehabilitate rather than purely punish offenders. For this study, I interviewed personnel involved in the implementation of the Family …


Media Framing Of Wrongful Convictions, Eza B. Zakirova May 2018

Media Framing Of Wrongful Convictions, Eza B. Zakirova

Student Theses

Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to act …


Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett Apr 2018

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …


The 1492 Jewish Expulsion From Spain: How Identity Politics And Economics Converged, Michelina Restaino Apr 2018

The 1492 Jewish Expulsion From Spain: How Identity Politics And Economics Converged, Michelina Restaino

Honors College Theses

In 1492, after Queen Isabella and King Ferdinand defeated the last Muslim stronghold on the Iberian Peninsula, they presented the Jewish community throughout their kingdoms with a choice: leaving or converting to Catholicism. The Spanish kingdoms had been anti-Jewish for centuries, forcing the creation of ghettos, the use of identifying clothing, etc. in an effort to isolate and “other” the Jews, who unsuccessfully sought peaceful co-existence. Those who did not accept expulsion, but converted, were the subject of further prejudice stemming from a belief that Jewish blood was tainted and that conversions were undertaken for financial gain. The government’s dramatic …


America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett Apr 2018

America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett

Senior Theses and Projects

For the past fifty years, American drug policy has been manipulated and enforced in a way that made it possible for drug epidemics to occur and has exaggerated their negative consequences on society. The War on Drugs policy initiatives first implemented in the 1970s created a drug law enforcement structure that has criminalized addiction and made it difficult for addicts to receive treatment. The United States is currently facing it's worst drug epidemic in history due to these policies. However, unlike previous epidemics, the opioid crisis is particularly unique not only because of the unparalleled nature of the issue, but …


Police Lineups And Eyewitness Identification, Alessandra Ricigliano Apr 2018

Police Lineups And Eyewitness Identification, Alessandra Ricigliano

Honors Senior Capstone Projects

Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous and …


Moral Mode Switching: From Punishment To Public Health, Stephen Koppel Feb 2018

Moral Mode Switching: From Punishment To Public Health, Stephen Koppel

Dissertations, Theses, and Capstone Projects

A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …


The Perception Of Community Oriented Policing From A Law Enforcement Organization's Perspective, James Wyatt Roberts Jan 2018

The Perception Of Community Oriented Policing From A Law Enforcement Organization's Perspective, James Wyatt Roberts

Doctor of Education (Ed.D)

Community-oriented policing surfaced in the 1980s as a new philosophy in policing. Despite the widespread community support for community policing, the perceptions of this philosophy from a law enforcement organization’s perspective remain unclear. This quantitative, non-experimental research study utilized a survey method to address seven research questions. One large law enforcement organization (sworn and civilian members) in Central Florida was invited to complete a survey to assist in better understanding the role of community-oriented policing and its impact on bridging the gap between law enforcement and the community. This study seeks to better understand a law enforcement organization’s perception of …


Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti Jan 2018

Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti

Duke Law Master of Judicial Studies Theses

In response to the drug abuse and addiction epidemic in the United States, innovative ways of dealing with non-violent drug offenders within the criminal justice system began to emerge in the late 1980s. Special court dockets – commonly referred to as drug courts – were developed featuring an interdisciplinary team of criminal justice and mental health professionals, led by a presiding judge. Drug courts and other problem-solving courts have proliferated within the state court system, numbering 3,057 by the end of 2014. The use of such courts is expanding among the states, but the federal courts have been slow to …


Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique Jan 2018

Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique

Scripps Senior Theses

Given the ever-growing body of evidence surrounding implicit bias in and beyond the institution of the law, there is an equally growing need for the law to respond to the accurate science of prejudice in its aspiration to objective practice and just decision-making. Examined herein are the existing legal conceptualizations of implicit bias as utilized in the courtroom; implicit bias as peripheral to law and implicit bias as effectual in law, but not without active resolution. These views and the interventional methods, materials, and procedures they inspire are widely employed to appreciably “un-bias” legal actors and civic participants; however, without …


Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr. Jan 2018

Relationship Between Victims Of Urban Violence And Post-Traumatic Stress Disorder, Jashon Anthony Banks Sr.

Walden Dissertations and Doctoral Studies

Urban violence has become common in lower-income communities that have high rates of shootings and African-American victims. Urban violence causes victims and their family and friends to experience trauma and puts them at risk for post-traumatic stress disorder (PTSD) injuries. However, there is a gap in knowledge in the framework of urban communities and their range of needs to address PTSD. The purpose of this quantitative study was to examine whether a relationship exists between reinforcement of needs, membership, influence, shared emotional connection, and post-traumatic stress symptomology (PTSS) of urban violence victims in a large metropolitan city. Albert Bandura's self-efficacy …


Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long Jan 2018

Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long

Senior Projects Spring 2018

Myanmar’s recent transition towards democracy has caused western leaders to become increasingly optimistic about the future of human rights within the country. However, since emerging on the international stage in 2012, the Rohingya crisis has drastically upset such expectations, leaving the international community in complete shock over the issue. Attempting to shed light on this human rights tragedy, international media coverage has produced an overly simplified depiction of the Rohingya crisis. In addition, very little academic literature exists seeking to explain the root causes of the issue. By utilizing interviews conducted at the University of Mandalay this paper attempts to …