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Articles 1 - 30 of 33
Full-Text Articles in Law
Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula
Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula
Themis: Research Journal of Justice Studies and Forensic Science
The Black Lives Matter movement swept across the United States after the murders of black people at the hands of law enforcement. Not fully acknowledged in the media are the police brutality cases that have also occurred in Canada, a country that prides itself on tolerance, acceptance, and diversity. Police brutality is an unfortunate reality that stems from racial profiling, one of the many symptoms of historically oppressive institutions. In this paper, I will examine police coercion and racial profiling in Canada and the United States. This paper will employ a theoretical framework of conflict theory and minority threat hypothesis …
The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock
The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock
Themis: Research Journal of Justice Studies and Forensic Science
The Trump Administration brought substantive changes to United States immigration policies, and labeled undocumented immigrants as predisposed towards criminal behavior. This paper presents a brief historical perspective of three major waves of Mexican immigration to the United States: The Early 1900s – Before World War I, Post-World War I – World War II, End of Bracero Accord – Present, and considers the relationship between immigrants and crime. The author explores contemporary immigration enforcement, both conservative and liberal attitudes towards immigrants, and their effects on policy. Consequences of border enforcement policies and the efficacy of border enforcement in preventing crime are …
The Implications Of A Militarized Police Force In The United States, Nhat Dang
The Implications Of A Militarized Police Force In The United States, Nhat Dang
Themis: Research Journal of Justice Studies and Forensic Science
The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Themis: Research Journal of Justice Studies and Forensic Science
In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi
Themis: Research Journal of Justice Studies and Forensic Science
The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …
Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong
Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong
Themis: Research Journal of Justice Studies and Forensic Science
In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admissibility of scientific evidence in the courtroom. Some states adopted Frye while others adopted Daubert, causing varying judicial outcomes. The verdicts in some cases may be erroneous due to a nationally used standard. Frye has broad criteria of requiring scientific evidence to be generally accepted. While Daubert contains more requirements for the evidence to be admissible, such as peer review, publication, and scientific principles. Daubert, alongside FRE 702, provides a thorough guideline for trial judges who have the gatekeeping role to decide admissibility aiming …
Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions, Colby Duncan
Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions, Colby Duncan
Themis: Research Journal of Justice Studies and Forensic Science
There have been over 300 post-conviction DNA exonerations in the history of the United States. While this number may initially seem significant, there is still an unfathomable population of wrongfully convicted prisoners who have yet to be considered for retrials. Unaddressed wrongful conviction cases highlight the unacceptable weaknesses in the U.S. justice system, weaknesses that include poor investigative tactics and the acceptance or allowance of inaccurate and unreliable evidence. This paper will dutifully analyze the causes that lead to wrongful convictions and amply discuss potential solutions, all of which includes eyewitness misidentification, improper forensics, false confessions, informants, government misconduct, and …
Physical Match: Uniqueness Of Torn Paper, Marilyn Aguilar
Physical Match: Uniqueness Of Torn Paper, Marilyn Aguilar
Themis: Research Journal of Justice Studies and Forensic Science
In the forensic science field, it is generally accepted that all tears and fractures are unique; however, there is limited scientific evidence to support this. This study tests the claim that all tears are unique, focusing on paper. One-hundred Office Depot brand 3” x 5” blank, white index cards were torn in half by hand. Six halves were randomly removed; the remaining 94 halves were mixed and then matched by a novice using end-match analysis. The removal of the 6 random halves left 44 matching pairs. Of the remaining halves, all 44 pairs were correctly matched. The results show that …
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo
Themis: Research Journal of Justice Studies and Forensic Science
It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …
Medical Apartheid: A Book Review, Carmen Kennedy
Medical Apartheid: A Book Review, Carmen Kennedy
Themis: Research Journal of Justice Studies and Forensic Science
No abstract provided.
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron
Themis: Research Journal of Justice Studies and Forensic Science
Domestic and family violence has been a critical issue in contemporary society. Efforts have been made in researching the causes, effects, and mediating factors of domestic violence in relation to the workplace. Studies demonstrate that a relationship between conflict crossing over from the work to the home environment exist. Additional studies demonstrate that domestic violence does affect the workplace; however, there is little to no scientific data on the reverse relationship. The reverse relationship regards whether the workplace affects the occurrence of domestic violence. This research paper will dive into this topic, and on the lack of data available. Supporting …
Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong
Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong
Themis: Research Journal of Justice Studies and Forensic Science
Communities, and their respective police departments, have significant impacts on the social and legal matters they are involved with, making it crucial for both parties to strive to maintain strong, collaborative relationships. Positive interactions between police and the public are therefore extremely vital and beneficial to all involved. Police officers should be held accountable for their transgressions and subject to transparency for their on-duty actions through legal records. Several issues lie in the policies and procedures which requires more attention in its analysis. Changing policies and procedure in the United States regarding police use of force to remedy inconsistencies calls …
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos
Themis: Research Journal of Justice Studies and Forensic Science
The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which …
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.
Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth
Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth
Themis: Research Journal of Justice Studies and Forensic Science
No abstract provided.
Minimum Education Requirements For Crime Scene Investigators, Araseli Saldivar
Minimum Education Requirements For Crime Scene Investigators, Araseli Saldivar
Themis: Research Journal of Justice Studies and Forensic Science
The initial crime scene investigation is critical since it is the primary step in the investigative process; therefore, individuals assigned to process a scene should be highly educated. Improperly educated (or uneducated) crime scene investigators (CSIs) can mishandle evidence during an investigation, affecting the outcome of cases. The minimum education requirement for CSIs should transition from a high school diploma—the current requirement—toward a bachelor’s degree. The importance of acquiring a college-level education is observed in a study conducted on crime scene examiners in Australia. To determine the educational requirement for CSIs in the United States, information was gathered electronically from …
Optimizing Collection Of Trace Biological Samples From Vehicle Headrests, Kevin Tang, Jesse Ramirez, John Bond, Jocelyn Weart, Yvette Delatorre, Ian Fitch, Steven Lee
Optimizing Collection Of Trace Biological Samples From Vehicle Headrests, Kevin Tang, Jesse Ramirez, John Bond, Jocelyn Weart, Yvette Delatorre, Ian Fitch, Steven Lee
Themis: Research Journal of Justice Studies and Forensic Science
Tape-lifting and swabbing are two methods commonly used for collecting biological samples in the United Kingdom and United States to investigate vehicle crimes. Determining the optimal collection method may lead to an increase in generating DNA profiles and crime-solving. The objective of this study is to evaluate the efficiency of adhesive tape and the double-swab collection methods for investigating vehicle crimes with possible touch DNA samples. Two experiments were conducted to evaluate the use of tape-lifts and swabs on spiked common vehicle fabric materials. The efficiency of recovery between the two collection methods was performed using qPCR. The results from …
Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton
Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton
Themis: Research Journal of Justice Studies and Forensic Science
California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.
Executive Order 13492: Legal Borderlands, Laura Diaz
Executive Order 13492: Legal Borderlands, Laura Diaz
Themis: Research Journal of Justice Studies and Forensic Science
On January 22, 2009, newly inaugurated President Barack Obama implemented Executive Order 13492. The order refers to the legal disposition of detainees at the Guantánamo Bay Naval Base and the termination of the detention center. The Executive Order lists five possible options to close Guantánamo Bay and to otherwise try and place current prisoners elsewhere: prosecution under military law, prosecution under federal law, permanent detainment, deportation and release. Still, Guantánamo Bay remains open. Guantánamo detainees exist in a legal limbo without formal charges and trial. Executive Order 13492 was created to place them elsewhere and close the detention center.
The Surveillance State: Do License Plate Readers Impinge Upon Americans' Civil Liberties?, Jourdin Hermann
The Surveillance State: Do License Plate Readers Impinge Upon Americans' Civil Liberties?, Jourdin Hermann
Themis: Research Journal of Justice Studies and Forensic Science
The boundaries that delineate public from private sphere have challenged our political system’s foundations since its origination. License plate readers (LPRs), a tool used by law enforcement and private businesses, cause citizens and their government to question the criteria separating public and private information. While police and repossession agencies contend that license plate readers aid their work, the American Civil Liberties Union (ACLU) argues that surveillance equipment interferes with an individual’s right to privacy. Addressing such privacy concerns requires the public to hold its government accountable by petitioning for limits on LPR use and data retention. LPRs also pose unique …
Justice Reform: Who's Got The Power, Yevgeniy Mayba
Justice Reform: Who's Got The Power, Yevgeniy Mayba
Themis: Research Journal of Justice Studies and Forensic Science
As the US prison population continues to rise despite the significant decrease in crime rates, scholars and social activists are demanding comprehensive reforms to the penal system that disproportionately affects minorities and the poor and has become a significant burden on the taxpayers. This paper examines some of the processes that contributed to the rise of the modern day carceral state, such as the determinate sentencing reform and the proliferation of mandatory minimum sentencing. It also explores the unintended consequences of these penal developments and traces the reaction and subsequent resistance to these sentencing schemes from the judiciary, as well …
There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg
There Goes The Neighborhood: Exposing The Relationship Between Gentrification And Incarceration, Casey Kellogg
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to demonstrate that there is a deliberate and intentional link between residential housing patterns and crime and mass incarceration, and that government plays a strong role in allowing and formalizing this link. Using historical examples, this paper attempts to document the role of government and policy in furthering residential segregation through the processes of gentrification and disinvestment. By contributing to the destruction of low-income communities and the invasion of gentry through covert partnerships with the private sector to develop land and design cities, government has prioritized commercial interests over the needs of the community at all income …
Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner
Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner
Themis: Research Journal of Justice Studies and Forensic Science
The Miranda v. Arizona (1966) decision was a pivotal case in the United States. It afforded rights to suspects and defendants against self-incrimination and representation during police interrogations. Miranda ensured police read individuals in custody their rights before interrogations. However, what happens when individuals being read their rights do not fully comprehend the significance of what the police are telling them, whether it is because of lack of comprehension due to brain development, or susceptibility to the influence of those questioning them? The courts have examined these direct issues when it comes to “voluntary” confessions made by juveniles. Several cases …
Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz
Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz
Themis: Research Journal of Justice Studies and Forensic Science
United States conservatism and neoliberalism have created a market for prison privatization. The business of making money from incarcerated bodies is in direct conflict with the goals of the justice system. Driving economic and political forces are examined and used to explain the rising prison-industrial complex. Private prison performance is measured by recidivism, cost, inmate rights, and quality of confinement. This paper suggests that prison privatization must be reformed or abolished to improve the corrections system in the United States.
The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken
The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken
Themis: Research Journal of Justice Studies and Forensic Science
The purpose of this paper is to analyze the concept of criminal profiling in terms of serial killers in the United States. The research provided in this paper was found using the most recent research available on the topic. The FBI’s Behavioral Unit, or National Center for the Analysis of Violent Crime (NCAVC), is the current leading law enforcement agency that investigates these types of crimes. They utilize definitions, typographies, and motives to create a criminal profile to investigate serial killings. Ultimately, these profiles are inadequate because they are inconclusive and exclude multiple suspects that are potentially dangerous. Therefore, criminal …
The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge
The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge
Themis: Research Journal of Justice Studies and Forensic Science
The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …
Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken
Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken
Themis: Research Journal of Justice Studies and Forensic Science
The way courts treat criminals depends on a variety of factors. This paper examines how age, sex, and race affect an offender’s treatment during sentencing. These variables were collected using the 2010 General Social Survey and were tested using the SPSS 20.0 Student Version Statistical Software. The independent variables include age, race, and sex, while the dependent variable is the way courts deal with criminals. The hypotheses that were tested stated that older individuals, nonwhite persons, and men would believe that courts deal too harshly with criminals. The conclusion found that none of the variables showed a significant correlation; therefore, …
The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman
The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman
Themis: Research Journal of Justice Studies and Forensic Science
In 1986, the United States government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. The result of this was a mass influx of African Americans to US penitentiaries and minimal to zero reduction of crack convictions. Because the Anti-Drug Abuse Act of 1986 recognized 100 grams of cocaine as equivalent to one gram of crack, it has been perceived not as a war on drugs, but as a war on a war on minorities. The mass incarceration of drug offenders also led to severely damaging fiscal consequences …
Review Of Capote’S In Cold Blood, Yevgeniy Mayba
Review Of Capote’S In Cold Blood, Yevgeniy Mayba
Themis: Research Journal of Justice Studies and Forensic Science
No abstract provided.
The Patriot Act: Liberty Afire, Mark Fox
The Patriot Act: Liberty Afire, Mark Fox
Themis: Research Journal of Justice Studies and Forensic Science
The USA PATRIOT Act was written and passed into law in the United States within weeks of the devastating 9/11 terrorist attack. Its purpose was to strengthen and realign U.S. policy to allow greater judicial power to better protect the U.S. from further acts of terrorism. However, as the legal tenets of the Act became more transparent, public concern mounted over the wide latitude given to the governmental agencies that seemed to threaten academic and intellectual freedom and overall civil liberties. The problems inherent in the USA PATRIOT Act are described, and potential amendments and improvements have been suggested.