Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Theses/Dissertations

Criminal Law

2021

Institution
Keyword
Publication

Articles 1 - 30 of 34

Full-Text Articles in Law

Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner Dec 2021

Life Without Parole Is Replacing The Death Penalty -- But For Those Who Don’T Have The Possibility Of Parole, Their Future Is Bleak., Jessica Lerner

Capstones

Across the country, life sentences are increasingly being used to replace the death penalty, according to a recent study by The Sentencing Project. Nearly 162,000 people are serving life sentences – one out of every nine in prison, the study found – and for those like Darrell Powell, who don’t have the possibility of parole, their future is bleak.

https://jlerner.exposure.co/life-without-parole-is-replacing-the-death-penalty?source=share-jlerner


East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle Dec 2021

East Tennessee State University Student Perceptions Of Gun Legislature, Brieann Boyle

Undergraduate Honors Theses

Many Americans are pushing for legislation supporting increased gun control; however many critics argue that increasing gun control will limit Americans’ rights as defined in the Second Amendment. With Tennessee’s passing of the Constitutional Carry, the researcher found it relevant to build on past research and to evaluate East Tennessee State University students’ perceptions of current Tennessee gun legislation in the light of this new act. East Tennessee State University students were surveyed in-person about their perceptions and knowledge of the current Tennessee gun legislation and support for gun control. No significant relationship was found between major and knowledge of …


Police Officers' Perceptions Of The Law Enforcement Narcan Program And The Effectiveness In Fighting The Opioid Epidemic, James Russo Sep 2021

Police Officers' Perceptions Of The Law Enforcement Narcan Program And The Effectiveness In Fighting The Opioid Epidemic, James Russo

Seton Hall University Dissertations and Theses (ETDs)

Abstract

The purpose of this study was to investigate how police officers perceived the N.J. Narcan policy and standards in saving lives and deterring opioid use. This study also examined the impact of the law enforcement Narcan program in reducing the opioid overdose death rate. Participant interviews will be conducted, and thematic coding will be utilized to capture the dominant themes associated with the police officers’ perceptions of the N.J. Narcan policy and standards in reducing the opioid overdose death rate. Fifteen police officers will participate in the study, and their anonymity will be maintained to elicit transparent responses. This …


Bail In The Time Of Covid-19, Thomas A. Stinson Aug 2021

Bail In The Time Of Covid-19, Thomas A. Stinson

Master of Laws Research Papers Repository

The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 …


Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher Aug 2021

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …


Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen Jul 2021

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …


The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos Jul 2021

The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos

University Honors Theses

There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …


Rethinking The War On Drugs, Brandi Kalmbach Jun 2021

Rethinking The War On Drugs, Brandi Kalmbach

Global Honors Theses

The War on Drugs is a battle that has been fought within the United States for fifty years now; however, it began well before the declaration of war made by President Nixon in 1971. Since even before the prohibition era one century ago, the United States has struggled with drug addiction. Research shows that our current day results have actually digressed since the initial declaration of the war on drugs, and yet, the same methods are still being implemented over and over, despite our widespread awareness of its failure. The main failure is declaring a war against drugs. There is …


Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon Jun 2021

Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon

Major Papers

We are now living in age where algorithms, and the data that feed them, govern a wide variety of decisions in our lives: not just search engines and personalized Netflix suggestions, but educational evaluations, stock market trades and political campaigns, the urban planning, and even how social services like welfare and public safety are managed. Heterogeneous lists like this have become the norm in any critical examination of algorithms, giving the impression of a ubiquitous relevance of algorithms. But algorithms can make mistakes that directly affect individuals and often contain both implicit and explicit biases. The technical complexity of algorithms, …


Hbo’S "The Wire" And Its Portrayal Of Baltimore Politics, Schools, And The Judicial System In Season 4: Was It Accurate Then And Does It Stand The Test Of Time?, Josephine Klingeman Jun 2021

Hbo’S "The Wire" And Its Portrayal Of Baltimore Politics, Schools, And The Judicial System In Season 4: Was It Accurate Then And Does It Stand The Test Of Time?, Josephine Klingeman

Honors Theses

This thesis is a content analysis of HBO’s fourth season of The Wire. After conducting an in-depth analysis of the content in the thirteen episodes of season four, I then assessed the level of accuracy in the show’s portrayal of two major topics discussed throughout the season: Witness protection and police informant harassment. I did so by conducting several interviews with professionals who have several decades of experience working in the criminal justice system. I compared their personal experience with witness protection programs, witness harassment, and police informant harassment with the content presented in The Wire on these topics. …


Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg May 2021

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.


The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers May 2021

The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers

Master's Theses

The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …


Exploring The Role Of Core Positive Selves With Men Convicted Of Child Sexual Offenses: A Character Strengths Initiative, Tiffany A. Miner May 2021

Exploring The Role Of Core Positive Selves With Men Convicted Of Child Sexual Offenses: A Character Strengths Initiative, Tiffany A. Miner

Individual, Family, and Community Education ETDs

The aim of this study was to help men convicted of child sexual offenses learn to recognize and engage their character strengths over 12 months. Participants were six men convicted of contact and noncontact (internet) child sexual offenses. All participants were members of a community-based reintegration group for registered citizens. In the first weeks of the study, participants received the Values in Action Inventory of Strengths survey. The survey, containing 240 questions—10 items for each of the 24 character strengths outlined—helped participants identify their top character strengths. The study explored (a) how the men could use their character strengths to …


Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett May 2021

Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett

Honors Theses

Prior research has found that bias, along with other extralegal factors, leads to the sentencing disparities in the criminal justice system throughout the United States. The criminal justice system has implemented reforms to address these disparities. Furthering research on this issue, I analyze previous studies that tried to determine the effects of bias on the decisions made by judges and juries. Most importantly, the present study aimed to determine the effects of race and socioeconomic class of the defendant on the decisions on potential jurors using a vignette based survey with randomized assignment. The results suggest that the potential jurors’ …


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams May 2021

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle May 2021

To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle

Master’s Theses and Projects

United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …


The Importance Of The Relationship Between Domestic Violence Victims And Their Pets, Emily Ryan May 2021

The Importance Of The Relationship Between Domestic Violence Victims And Their Pets, Emily Ryan

Master’s Theses and Projects

The purpose of this thesis is to explore the relationship between domestic violence and animal abuse with the goal of adding to the literature in this area. This study collected data from domestic violence and homeless shelters across the United States by sending a questionnaire via email. Two themes emerged based on the questionnaire responses, first, shelters reported that victims disclosed their fear of leaving an abusive situation due to abuse or threat of abuse to a family pet. And second, shelters indicated that they are unable to accommodate pets due to either, health and safety reasons, or financial difficulties. …


Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire May 2021

Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire

Graduate Theses and Dissertations

Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …


Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh May 2021

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …


Interrogating Injustice: Carceral Feminism, Brock Turner, And The Dilemmas Of Seeking Accountability For Sexual Violence In Our Prison Nation, Willa Quinn Moffatt May 2021

Interrogating Injustice: Carceral Feminism, Brock Turner, And The Dilemmas Of Seeking Accountability For Sexual Violence In Our Prison Nation, Willa Quinn Moffatt

Undergraduate Honors Theses

This thesis uses the 2016 sexual assault case The People vs. Brock Turner to argue that there is no clear path for justice for sexual violence in the current criminal justice system while incarceration remains the primary form of punishment. I draw on court documents and the victim Chanel Miller's 2019 memoir Know My Name to inform my analysis.

I briefly review, as a necessary backdrop, how rape has historically been ignored in the criminal legal system as a serious crime and large-scale social problem and how this history is tied to anti-Black racism in the United States. I am …


The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee Apr 2021

The Societal Impact Of Capital Punishment And Its Future Role In Modern Day America, Laurel Lee

Honors Theses

Capital punishment has been a well-established, although extremely controversial, practice throughout American history. It has been the subject of much criticism and debate both nationally and globally, dating back to ancient times. This study intends to research the historical, legal, and social changes of capital punishment in the United States that have occurred since the dawn of the practice in order to detect any trends, and if so, whether these trends allow a realistic prediction of the future of capital punishment. The chronology of capital punishment is first examined in this study in order to indicate that the controversy surrounding …


Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal Apr 2021

Racial Racial Discrimination Within The United States Criminal Justice System, Courtney Speigal

Honors Projects

For my senior honors project, I chose the topic of discrimination within our criminal justice system. I will be attending law school next year, and this topic has inspired me to become a lawyer. 2020 has been a year with a lot of protesting against social injustice, and change in our democracy. The Black Lives Matter Movement came to light once again, because of a number of questionable cases involving African American citizens. Considering all of this, I decided to research further the discrimination in our country, in a number of areas. I also will be looking at how we …


Reconceptualizing Cannabis, Julia Peoples Apr 2021

Reconceptualizing Cannabis, Julia Peoples

Honors Theses

Inflammatory rhetoric and increasingly punitive drug policies dominated marijuana politics in the past. Today, as 36 have legalized cannabis in some form and 17 states have legalized recreational marijuana, the federal government continues to perpetuate policies of the past. The following analysis investigates rhetoric and policies that led to the War on Drugs as well as their outcomes, the dramatic shift in public opinion as states began to legalize marijuana, and the successes and failures of state cannabis programs to identify gaps within the MORE Act, the ideal policy, and politically viable incremental change. State programs are incapable of …


Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield Apr 2021

Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield

Electronic Thesis and Dissertation Repository

Domestic homicide is a critical human rights issue that continues to impact women, children, and families in Canada. Between 2010-2018, 662 individuals died as a result of domestic homicide, many of whom were mothers who left surviving children behind. This study examined the experiences of surviving children prior to, during, and in the aftermath of domestic homicide through quantitative and qualitative court and media document analyses. It was found that 136 children in Ontario experienced domestic homicide between 2010-2017. Domestic homicide impacted surviving children in all domains of functioning and was often associated with long-term adverse outcomes. Court documents revealed …


The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens Apr 2021

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether …


An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella Apr 2021

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am aware of that has …


A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello Apr 2021

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will …


Prosecuting The Police: How America’S Criminal Justice System Has Failed Breonna Taylor And Other People Of Color, Dayna Vadala Apr 2021

Prosecuting The Police: How America’S Criminal Justice System Has Failed Breonna Taylor And Other People Of Color, Dayna Vadala

Senior Theses and Projects

Using the Breonna Taylor case as an example, this thesis will investigate the ways that certain practices and policies in America’s criminal justice system have allowed discriminatory policing to flourish. People of color in America disproportionately experience acts of violence from police officers, and more often than not, there is no justice for these victims. The practices and policies that have been put into place to combat racial injustices in America have been ineffective because of the principles that govern our system. The way that America’s criminal justice system operates is inherently discriminatory and the need for reform is urgent.


Examining Scott Peterson’S Appeals, Paige Bonavito Jan 2021

Examining Scott Peterson’S Appeals, Paige Bonavito

Selected Full-Text Master Theses Collection 2018-

This works discusses the Scott Peterson case, which took place from 2002-2004. Scott Peterson was convicted of murdering his wife Laci and unborn son Conner in 2004, and was given the death penalty. Peterson has filed automatic appeals and habeas corpus appeals since his trial, which have made their way through the California court system. Peterson’s death sentence was overturned by the California Supreme Court in 2020, and the California Supreme Court ordered the San Mateo trial court to look into overturning Peterson’s conviction. This work not only discusses the Peterson case at great length, it also serves to examine …


Jurors' Perceptions Of False Confessions, Madison G. Gallimore Jan 2021

Jurors' Perceptions Of False Confessions, Madison G. Gallimore

Graduate Theses, Dissertations, and Problem Reports

This study examined the effect of mock jurors’ perceptions of a defendant’s false confession vs. no confession (false confession presence), coercive interrogation techniques vs. panic-escape (false confession reason), and expert witness testimony vs. defendant explanation vs. expert witness testimony plus defendant explanation for his false confession (source). The four hypotheses and one research question pertained to main effects and interaction effects of false confession presence, false confession reason, and source (separately) and expert witness conditions combined on five outcome variables. Outcome variables were defendant’s guilt, trustworthiness, suggestibility, susceptibility to external influences, and juror’s likelihood of changing their verdict. Using Amazon …