Law Commons^™

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Officer Use Of Force: A Multicase Study Of Institutional Betrayal, Margarita Mcauliffe

Theses & Dissertations

Law enforcement officers in the United States are authorized to utilize force (Alpert & MacDonald, 2001); however, the use of force can cause physical and emotional trauma to the person against whom it is used, and to the person’s loved ones (WHO, 2002; Bloom, 2012; APA, 2013). The needs and rights of traumatized individuals must be addressed for healing to occur (U.S. DOJ, 2013). It was not known if the needs and rights of the survivors of officer use of force were being met. Filling a gap in the literature, this exploratory multicase study investigated 5 use-of-force incidents with demographically …

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 …

Community-Based Research Methods To Inform Public Health Practice And Policy: The Case Of Lead In The Mississippi Delta, Mary Alexandra Fratesi

Honors Theses

Environmental health issues are complex and require interdisciplinary and community engagement approaches to better understand them and inform policy. As one example, lead exposure has a number of dangerous neurological effects, including developmental delays and learning deficits. Potential lead exposure through drinking water and paint are areas of concern. In a 2018 document, the Environmental Protection Agency (EPA) estimated that up to 20% of lead exposure comes from drinking water alone. By using a type of engagement research called community-based research (CBR), this project began to address this major public health issue. CBR can be used to connect residents, their …

Bias-Motivated Homicides: Toward A New Typology, Lindsey Sank Davis

Dissertations, Theses, and Capstone Projects

Despite significant progress towards equal protection under the law for women, LGBT individuals, and people of color in the United States, hate crime remains a pervasive problem, and rates appear to have increased in recent years. Bias-motivated homicide – arguably the most serious form of hate crime – is statistically rare but may have far-reaching consequences for marginalized communities. Data from the Uniform Crime Reports and the National Crime Victimization Survey have suggested that, on average, fewer than 10 bias-motivated homicides occur in the United States per year; however, data from open sources indicate that the rate of bias-motivated homicide …

Highly Skilled Immigration In The United States In An Age Of Globalization: An Institutional And Agency Approach, Marcela F. González

Dissertations, Theses, and Capstone Projects

My dissertation proposes an institutional and agency approach in order to answer a new question to a new set of conditions, processes, and architecture of the new immigration trend for highly skilled immigration in the United States that emerged in the 1990s. The complexification of visa policies for highly skilled immigrants since the 1990s forces many immigrants to follow a multi-step legal pathway to acquire legal permanent residency: first, immigrants have a variety of temporary legal statuses or no legal status, and in a subsequent stage they achieve legal permanent residency. The central question that organizes the dissertation has two …

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …

The Vermonter's Guide To The Farm Bill, Olivia A. Peña

Food Systems Master's Project Reports

The Farm Bill is a comprehensive set of laws and programs that dictates United States policies across the food system. While it may seem that a farm bill is only related to agriculture, this legislation, in reality, includes a broad set of policies on food production, nutrition assistance, rural community development, research, the environment, international trade, and more. Often known as a farm and food bill, the legislation impacts food systems stakeholders, including those who farm, live in a rural community, and even those who eat food—so that is everyone.

Considering the widespread impacts of the Farm Bill, it is …

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

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

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 …

The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, Kristoffer Mason

Global Honors Theses

This paper applied social semiotics and systemic functional theory to study visual narratives related to President Trump’s border wall project and U.S. immigration policy. The images were selected by new articles posted by The New York Times using search parameters “border wall” and “undocumented immigration” between the dates of March 13 – April 13, 2018. Images were selected and categorized based on visual themes related to the border wall and policy enforcement. Of these categories, two images were selected for vertical perspective, vector patterns, and gestures to discover the narratives. Analysis of the images showed that social power and hierarchical …

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 Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …

"Only The Intervenor Cared": A Critical Juncture In The Rise Of Dairy Cafos And Neoliberal Environmental Policy In Wisconsin, Sarah Emily D'Onofrio

Masters Theses

Building on scholarship regarding the rise of neoliberalism since the late 1970s and using a comparative-historical methodology, this thesis examines a case study regarding how state governments in the United States have succumbed to neoliberal pressures over time. Specifically, this thesis examines the rapid expansion of concentrated animal feeding operations (CAFOs) in Wisconsin since 1995. As these large CAFOs have grown in size, so have the social and environmental problems related to their use, including pollution of drinking water sources for rural communities. Based on analysis of hundreds of newspaper articles, this thesis finds that that a critical juncture occurred …

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

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 …

Exploring Creative Problem Solving In Public Policy, Jade A. Costello

Creativity and Change Leadership Graduate Student Master's Projects

This project explores the connection between creativity and public policy-making through guided facilitation. In this exploration, there are several products that have been developed. The first is an index that provides definitions, charts, and process explanations for creativity, facilitation and public policy. The second is a completed facilitation plan that incorporates both the FourSight model for group facilitation (Miller, Vehar, Firestein, Thurber & Nielsen, 2011a) and Marvin Weisbord’s (1992) exploration of creative strategies for discovering common ground through policy conferences. The third product is an evaluation matrix, which would be used post-facilitation to understand the strengths and weaknesses from the …

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …

Life Course Outcomes For Juveniles: Contact With The Criminal Justice System As A Turning Point, Dominique Tauffner

Honors Projects

This research investigated the life course outcomes of respondents who have been arrested during adolescence. Although the creation of the juvenile justice system is relatively recent, only existing for 119 years, there is a need for data on the impact this system has on society. The pre-existing knowledge and literature on juvenile delinquency and the criminal justice system often fails to capture longitudinal data. Most scholars on this issue will discuss the immediate effects of things like incarceration and placement or what influences delinquency, ignoring the long-term consequences or life outcomes of those that have been arrested prior to 18. …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Policing The Drinking Community: An Assessment Of The Criminal Justice Response To Drunk Driving And Alcohol Related Crashes (1985 -2014), Richard James Stringer

Sociology & Criminal Justice Theses & Dissertations

The objective of this study was to analyze the relationships among arrests, informal alcohol related social norms, and alcohol related fatal crashes in the U.S. from 1985-2014. Despite inexorable efforts to eliminate drunk driving, approximately twenty percent of the population drives after drinking (Drew, 2010). Although law enforcement arrests play a key part in policies to deter drunk driving, enforcement of DUI laws varies widely across the country (Erickson et al., 2015). However, no project has explored the relationship between structural factors related to community norms, enforcement, and automobile crashes. Thus, this project adds to the literature and understanding of …

Conditions Of Personhood And Property, Zachary James Acree

Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …

In Media Res, Christopher Andrew Sisk

Theses and Dissertations

We are inundated by a constant feed of media that responds and adapts in real time to the impulses of our psyches and the dimensions of our devices. Beneath the surface, this stream of information is directed by hidden, automated controls and steered by political agendas. The transmission of information has evolved into a spiral of entropy, and the boundaries between author, content, platform, and receiver have blurred. This reductive space of responsive media is a catalyst for immense political and cultural change, causing us to question our notions of authority, truth, and reality.

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

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 …

Türkisch Und Deutsch: Shifting Understandings Of The German, The Citizen, And The Foreign, Isabelle Arden Mudge

Senior Projects Spring 2018

This paper follows the history, role, and perception of Turkish-Germans as Germany developed into an immigrant country but remained with a narrow concept of Germanness. I explain how the country did not historically consider itself a nation of immigration, apparent in its citizenship requirements, lack of coherent immigrant policy, and pushback against foreigners. Germany still has difficulty seeing those with different backgrounds as German; an intricate system of exclusion has developed over the years, changing and evolving but remaining in place.

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in …

The Lived Experiences Of African-American Male Exoffenders In The Northeast United States, Jacqueline Grant

Walden Dissertations and Doctoral Studies

Discrimination, racism, and class bias affects the accessibility of resources available to African American males who are exoffenders. The purpose of this phenomenological study was to explore the lived experiences of African American, male exoffenders' ability to access resources postincarceration. Guided by Bell and Freeman's critical race theory, a purposeful sample of 6 African American, male exoffenders were recruited from 2 reentry programs in the Northeast United States. A semistructured interview approach was employed to examine the life history, details of experience, and reflection on the meaning of the lived experience from the participants. The modified Stevick, Colaizzi, and Keen …

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …