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Articles 31 - 45 of 45
Full-Text Articles in Law
Selling Queer Rights: The Commodification Of Queer Rights Activism, Laurence Pedroni
Selling Queer Rights: The Commodification Of Queer Rights Activism, Laurence Pedroni
Themis: Research Journal of Justice Studies and Forensic Science
With the recent Supreme Court decision to legalize same-sex marriage throughout the country, many have spoken in support of the decision, calling it a massive expansion of civil rights. While affording marriage rights to same-sex couples, these rights and expansions should be understood in the greater context of historical queer rights struggle and the economic factors that have motivated these civil rights expansions. This article will examine how the expansion of gay marriage rights was motivated not by concerns with civil rights, but out of economic concerns. This process has, in effect, commodified queer rights, weakening queer rights politics to …
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 …
Time, Ethics And Experience: Review Of David O. Brink's Prospects For Temporal Neutrality, Pedja Ilic
Time, Ethics And Experience: Review Of David O. Brink's Prospects For Temporal Neutrality, Pedja Ilic
Themis: Research Journal of Justice Studies and Forensic Science
Are temporal locations of harms and benefits important to human existence? Conventional wisdom unambiguously suggests so, albeit interpretations of various dogmatic texts and beliefs. Discussions about pain, grief, and suffering are commonly favored within past temporal settings, unlike those of happiness, comfort, and wellbeing that permeate conversations with future temporal locales. Past pain is preferred to future pain, even when this choice includes more total pain (Callender, 2011). Should these positive and negative qualifiers that constitute conscious existence have privileged temporal locations? This ethical question, like many others surrounding temporality, inherits both theoretical and pragmatic inquiries - becoming indispensable within …
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.
The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber
The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber
Themis: Research Journal of Justice Studies and Forensic Science
Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …
Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser
Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser
Themis: Research Journal of Justice Studies and Forensic Science
As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …