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Full-Text Articles in Law

Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar Jun 2020

Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar

VA Engage Journal

The United States has the highest rate of incarceration in the world. Even though the rate of crime is dropping, incarceration rates remain fairly steady. What’s more, recidivism (i.e., re-offending after conviction for other crimes) is also very high in the US. If offenders continue to offend, even after completing their sentences in a correctional system designed to address their underlying criminal activity, what is the point of having such a system? Can the system be made more accountable and better? Have we considered all the options for criminal reform? This article explores these questions using effective rehabilitation ...


Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf Jun 2020

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared ...


The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes Jun 2020

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

All Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system ...


Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt May 2020

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary ...


Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb May 2020

Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

A patriotic POW is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he had not ...


Multigenerational Perceptions Of The Law Enforcement Work Environment, William K. Akin May 2020

Multigenerational Perceptions Of The Law Enforcement Work Environment, William K. Akin

Ed.D. Dissertations

Leaders struggle to address shifting characteristics between generational cohorts in a multigenerational workforce. Research has shown that law enforcement culture supports an antiquated approach to leadership and that popular generational stereotypes are not consistent with behaviors in the workplace. This research was designed to help the law enforcement community understand generational values, beliefs, and work ethics, and to recommend ways to reduce generational stereotypes, address employee shortages, and improve the overall connection to their communities. The Copenhagen Psychosocial Questionnaire II was used in an online survey to anonymously collect data from 441 law enforcement participants within the Baby Boomer, Generation ...


What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway May 2020

What Recourse Do Vulnerable Immigrants Have?: Violations Of The Vawa Confidentiality Provisions And The Pursuit Of An Even Playing Field, Trevor S. Gallaway

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz May 2020

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez May 2020

Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa May 2020

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez May 2020

A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr May 2020

Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr

Faculty Scholarship

Aaron Burr Jr. (Class of 1772), the third Vice President of the United States, fathered two children by a woman of color from Calcutta, India. Their son, John Pierre Burr (1792-1864), would become an activist, abolitionist, and conductor on the Underground Railroad.


Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin May 2020

Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin

Dignity: A Journal on Sexual Exploitation and Violence

Before my combat deployments into Iraq, I, Colonel Wes Martin, had successfully fought another war. As a military police officer, I spent many years fighting against sexual misconduct, abuse of authority, and cover-ups within the senior officer and sergeant ranks in the United States Army. During this fight I faced continual criticism from my senior officers who claimed I was discrediting the Army by exposing the corrupt and immoral behavior of senior officers and sergeants.

During the early days of standing up to the corruption, when I had the rank of Major, I received retaliatory evaluations and was forced to ...


Title Ix Effectiveness At American Universities, Corrine K. Girard Apr 2020

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the ...


The Role Of The Prison-Industrial Complex In Demilitarization, Corporate Outsourcing, & Immigration Policy, Shellie Shimmel Apr 2020

The Role Of The Prison-Industrial Complex In Demilitarization, Corporate Outsourcing, & Immigration Policy, Shellie Shimmel

History in the Making

The traditional system of justice in the United States, based on the goals of retribution, incapacitation, rehabilitation, deterrence, and restitution, has been replaced with a corporate model of mass punishment based on profits, expediency, and the exploitation of free labor. This corporation is known as the “Prison-Industrial Complex” (“PIC”), and is made up of an enormous, interweaving system of correctional institutions, profit-driven corporations, and politicians. Some question whether the builders of the Prison-Industrial Complex could have predicted the outcome of their actions, but in fact their actions were orchestrated to produce certain results. Corporate executives and politicians are well educated ...


Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus Apr 2020

Public-School Systems Are Criminalizing Our Young People: Giving Voice To The Marganilized, Carrie Stoltzfus

Graduate Theses & Dissertations

A phenomenological qualitative study using Critical Race Theory and counter-storytelling was completed to investigate what K-12 public schools should be doing to keep young people out of the school-to-prison pipeline (STPP). This study took place in a large city in the Mid-Atlantic region of the United States. Interviews were completed with former students of the researcher who were previously incarcerated, educational professionals, and justice system professionals. Additionally, observations of the court systems and document reviews were completed in order to triangulate findings. Themes emerged around factors that lead to incarceration and the preferred practices to support young people to avoid ...


Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd Apr 2020

Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a source of inequity when it comes to the distribution of recreation services in the United States. Many of the problems that correlate with the inequitable allocation of recreation resources including public swimming pools began with ideas about race, geography, poor planning practices and faulty policymaking (Rothstein, 2017). Moreover, one of the primary outcomes of engaged, inclusive planning is equity in the provision of recreation programs and facilities. In this essay, we offer a summary of key legal cases that help address questions related resource allocation related to public swimming pools. Finally, we present a ...


Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos Apr 2020

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ ...


A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson Apr 2020

A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson

International Journal of Aquatic Research and Education

This article provides a comprehensive examination of aquatic programming at Historically Black Colleges and Universities (HBCUs). HBCUs consist of public, private, 2-year, and 4-year institutions (U.S. Department of Education, 2018). Historically, HBCUs provided descendants of the enslaved access to higher education opportunities (Brown, Donahoo, & Bertrand, 2001). HBCUs now serve a more diverse community and the core focus remains on inclusion, social justice, diversity, empowerment, leadership, and cultural competence (Kennedy, 2012; Rawlins, 2018). Consequently, HBCUs may provide an ideal environment to address aquatic activity and the drowning disparity in the African American community. In the current study, researchers sent a survey to 102 HBCUs to better assess the prevalence of aquatics programming at these institutions. Approximately 38 percent of the HBCUs responded to the survey. The ...


Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis Apr 2020

Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis

Poverty, Gender, and Youth

This conversation took place between Judith Bruce, Senior Associate and Policy Analyst of the Population Council, and Aisha Dennis, former Program Director for Women Now for Development. Women Now for Development’s mission is to initiate programs led by Syrian women that protect Syrian women and children across socioeconomic backgrounds and empower women to find their political voice and participate in building a new, peaceful Syria that respects and safeguards equal rights for all its citizens. Aisha’s impressive breadth of expertise includes conflict resolution and the application of international law through strategic litigation, as well as practical experience in ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries Apr 2020

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale Apr 2020

Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale

Student Writing

No abstract provided.


Marginalization And Criminalization Of People With Mental Illness, Ariana Walker Apr 2020

Marginalization And Criminalization Of People With Mental Illness, Ariana Walker

Student Writing

It is worth noting that people with a mental illness or disorder have a stigma around them that dictates how others treat them. With this stigma comes discrimination stemming from an already established opinion and experience with a person who has a mental illness. People who have a mental illness that affects their life are marginalized within our society, which means they get treated differently than the majority. This essay will serve as a discussion of the treatment history of mental disorders, forced institutionalization of the people, the impact deinstitutionalization had, and how this led to today’s problem of ...


The Martin Institute Prints, Spring 2020, Stonehill College: The Martin Institute For Law And Society Apr 2020

The Martin Institute Prints, Spring 2020, Stonehill College: The Martin Institute For Law And Society

The Martin Institute: Prints

No abstract provided.


The Present And Future Law Enforcement Workforce: A Generational Comparison Of Motivators For Entering And Remaining In The Profession, Nicole Cain Apr 2020

The Present And Future Law Enforcement Workforce: A Generational Comparison Of Motivators For Entering And Remaining In The Profession, Nicole Cain

Doctor of Education (Ed.D)

Recruitment and retention are persistent issues within the law enforcement organizations because positions are remaining vacant and fewer people are attracted to the profession. The purpose of this research study was to understand the differences between generational cohorts and specifically the millennial generation’s motivation for entering and remaining in the law enforcement profession, as well as their satisfaction with their career choice. This quantitative, non-experimental research study utilized a survey method to address six research questions. A convenient, purposive sample consisting of sworn police officers from one mid-size law enforcement agency located in central Florida represented the study’s ...


Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt Apr 2020

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in ...


Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson Apr 2020

Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson

Senior Honors Projects

JEAN JOHNSON (Criminology & Criminal Justice)

Locked Up and Locked Out: True Stories of the Interlocking Cycle of

Homelessness and the Criminal Justice System

Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)

Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of thousands of homeless ...


Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston Apr 2020

Public Opinions Of Unmanned Aerial Technologies In 2014 To 2019: A Technical And Descriptive Report, Lisa M. Pytlikzillig, Janell C. Walther, Carrick Detweiler, Sebastian Elbaum, Adam Houston

Lisa PytlikZillig Publications

The primary purpose of this report is to provide a descriptive and technical summary of the results from similar surveys administered in fall 2014 (n = 576), 2015 (n = 301), 2016 (ns = 1946 and 2089), and 2018 (n = 1050) and summer 2019 (n = 1300). In order to explore a variety of factors that may impact public perceptions of unmanned aerial technologies (UATs), we conducted survey experiments over time. These experiments randomly varied the terminology (drone, aerial robot, unmanned aerial vehicle (UAV), unmanned aerial system (UAS)) used to describe the technology, the purposes of the technology (for economic, environmental, or security goals ...


The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett Apr 2020

The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett

Ed.D. Dissertations

The purpose of this phenomenological study was to explore and better understand the lived

experiences of African American juvenile parole and probation officers in the Pacific Northwest. I conducted semistructured interviews with four African American juvenile parole and probation officers using a transcendental phenomenological framework. This framework was further supported and guided by social identity theory, critical race theory, and person‒organization fit theory. Through detailed semistructured interviews, field notes, and artifacts; honest and thought-provoking insight was gathered about the experiences of African American juvenile parole and probation officers. Furthermore, interview data was coded and analyzed using ATLAS.ti (2020 ...


The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett Apr 2020

The Lived Experience Of African American Juvenile Parole And Probation Officers In The Pacific Northwest, Andre J. Lockett

CUP Ed.D. Dissertations

The purpose of this phenomenological study was to explore and better understand the lived

experiences of African American juvenile parole and probation officers in the Pacific Northwest. I conducted semistructured interviews with four African American juvenile parole and probation officers using a transcendental phenomenological framework. This framework was further supported and guided by social identity theory, critical race theory, and person‒organization fit theory. Through detailed semistructured interviews, field notes, and artifacts; honest and thought-provoking insight was gathered about the experiences of African American juvenile parole and probation officers. Furthermore, interview data was coded and analyzed using ATLAS.ti (2020 ...