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Articles 1 - 16 of 16
Full-Text Articles in Law
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
CMC Senior Theses
Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …
Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato
Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato
CMC Senior Theses
Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …
The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker
The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker
Scripps Senior Theses
American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …
Medical Knowledge As A Recalcitrant Epistemological System: An Application Of Standpoint Epistemology In The Analysis Of Marginalization Within U.S Healthcare, Abby Deshazo
CMC Senior Theses
Research on healthcare disparities outside the field of epistemology tend to miss the true origins of oppressions imposed on marginalized individuals by the U.S healthcare system. This happens because of the false belief that these oppressions are reducible to social or political oppressions. By employing the perspective of a standpoint epistemologist, we can better identify the origins of these oppressions and subsequently consider more appropriate solutions. The standpoint epistemologist’s perspective (1) provides an intuitive case for the role individuals’ schemas play in the evaluation of what healthcare professionals know; (2) situates medical knowledge within epistemology, leading us to …
Perceptions Of Equality And Justice In African Americans: Implications For Well-Being And Success, Elaney C. Ortiz
Perceptions Of Equality And Justice In African Americans: Implications For Well-Being And Success, Elaney C. Ortiz
Scripps Senior Theses
Focusing on the intersections of the perceptions of legal equality and justice and lived experiences of equality and justice in the Black Community, this study seeks to find an interaction between these different perceptions of equality and justice, and well-being and success for Black Americans. Grounded in theory, but taking an original approach to this field, it is hypothesized that increased perceptions of equality and justice in either realm will increase well-being and success. Distinctly, lower perceptions of equality and justice will contribute to lower levels of well-being and success. This research is critical, as it looks at the importance …
An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne
An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne
Scripps Senior Theses
Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …
The Psychology Surrounding Legal Standards Of Competency And Representation For Children In U.S. Immigration Court, Natasha Reyes
The Psychology Surrounding Legal Standards Of Competency And Representation For Children In U.S. Immigration Court, Natasha Reyes
CMC Senior Theses
In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of citizenship. …
Considering Parental Alienation When Assessing Best Interest Of The Child, Danielle Stewart
Considering Parental Alienation When Assessing Best Interest Of The Child, Danielle Stewart
CMC Senior Theses
As the divorce rate in the United States remains steady at 50%, the last few decades have shown an increase in child custody disputes. Within these litigations, interparental conflict can reach high levels and incite behaviors that wreak havoc on the children who are caught in the middle. When considering custody arrangements, judges and other evaluators use the Best Interest of the Child Standard (BICS), a jurisdictionally-specific framework that examines several factors that contribute to a child’s health and well-being. Parents who allow their resentments to get the better of them sometimes engage in behavior that encourages their child to …
Aspirations Of Objectivity: Systemic Illusions Of Justice In The Biased Courtroom, Meagan B. Roderique
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 …
The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch
The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch
CMC Senior Theses
Death qualification is a problematic aspect of capital trials, as death qualified jurors have higher conviction rates than non-death qualified jurors. The current study examines whether the death qualification process itself affects juror decision-making via attitude salience effects.
Participants (n=90) recruited from the venire juror pool at the Santa Ana Superior Court were asked to read a trial transcript and decide guilt or innocence and whether they would sentence the defendant to death. Half of the participants were given a survey determining death qualification before they read the trial (making death qualification salient), while the other half were given the …
The Effects Of Expert Testimony In Sexual Assault Trials, Lillybelle K. Deer
The Effects Of Expert Testimony In Sexual Assault Trials, Lillybelle K. Deer
CMC Senior Theses
Recently, expert testimony in sexual assault trials shifted from an emphasis on Rape Trauma Syndrome (RTS) to Posttraumatic Stress Disorder (PTSD) and experts have tied these diagnoses either loosely or tightly to the victim’s condition following sexual assault. In the current study, 326 jury-eligible adults completed a survey on Amazon Mechanical Turk in which they read a synopsis of a sexual assault trial and an expert testimony with either RTS, PTSD or neither; along with either no, loose, or tight links made between the diagnosis and the victim’s condition. There was no main effect of diagnosis label but testimony linkage …
Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold
Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold
Scripps Senior Theses
The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Pomona Senior Theses
The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …
Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield
Supply Vs. Demand: Re-Entering America's Prison Population Into The Workforce, Marissa Leigh Enfield
Scripps Senior Theses
Because rejoining the workforce may prevent against ex-offender recidivism, securing gainful employment is one of the best indicators of successful societal reintegration for released prisoners. However, the stigma attached to a criminal history, combined with ex-prisoners’ lack of human capital, may threaten their ability to obtain a job. The present study examines hiring managers’ attitudes towards previously imprisoned offenders applying for positions in their workplace. Using a combination of brief, fictional applicant biographies and surveys, this mixed-groups factorial study explores how hiring managers (N= 28) consider gender, type of offense, and race when an ex-offender is assessed during the application …
Courtroom Discussions About Children's Sexual Abuse: An Examination Of Prior Conversations About Disclosures, Non-Disclosures And Perpetrator Statements To Children About Abuse, Stacia N. Stolzenberg
Courtroom Discussions About Children's Sexual Abuse: An Examination Of Prior Conversations About Disclosures, Non-Disclosures And Perpetrator Statements To Children About Abuse, Stacia N. Stolzenberg
CGU Theses & Dissertations
This study explored the content of courtroom conversations about children's prior discussions regarding sexual abuse. Sixty felony child abuse trial transcripts including child testimony and reviewing court opinions were collected from the Court of Appeal and from court reporters. Information was obtained from under Section 288 of the California Penal code (sexual abuse of a child under 14 years of age) filed in Los Angeles County from 1997 to 2001. For this study, transcript testimony was transcribed, extracted for the necessary information, coded, assessed for reliability, and analyzed. The findings indicate that conversations about children's prior disclosure conversations, non-disclosure conversations, …
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …