Courts Commons^™

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

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.

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 …

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.

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Getting Out: Bruce Bryant’S Climb To Redemption Inside Prison, Rachel M. Rippetoe, Sean Sanders-Mills

Capstones

Bruce Bryant, 50, was convicted of the murder of 11-year-old Travis Lilley in June 1996. Bryant maintains he never fired a weapon that day in 1993. But he recognizes that his lifestyle as a young person — he started dealing drugs when he was 14 — contributed to an environment in which a stray bullet could take a young life. And for that reason, he’s spent most of his 25 years in prison working to help young people.

With at least 12 more years on his sentence, Bryant is now asking the governor for early release, with the hope that …

Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson

Senior Theses and Projects

Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be …

Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory

Scripps Senior Theses

The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …

Civilly Disobedient: Justifying Juror Misconduct, Grace K. Wilson

CMC Senior Theses

A fair, unbiased jury that follows the courts instructions is a crucial aspect of the American criminal justice system, mandated by both the California and United States Constitution. When jurors violate judicial instructions, it can jeopardize the impartiality of a case. Despite this, little research has been completed on what individual differences are indicative of greater willingness to commit jury misconduct. Misconduct can occur when jurors fail to follow judicial instructions in circumstances that a reasonable person may be tempted to disobey. This study explores potential individual differences that correlate with a greater likelihood of excusing and even committing juror …

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en …

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 …

What U.S Defense Attorneys Know About Facial Composites, Marisa H. Jaross

Student Theses

The Innocence Project’s DNA exoneration database (2018) indicates that approximately 27% of wrongful conviction cases containing eyewitness evidence also included a composite or sketch[1] of the perpetrator. This statistic is alarming, given that composites are rarely used in criminal investigations (PERF, 2013), but not surprising considering “good” composites are notoriously difficult to construct (e.g., Wells, Charman, & Olson, 2005). It is well understood that eyewitness evidence can be particularly persuasive evidence of guilt for juries and thus we were interested in learning more about how defense attorneys prepare for trial with respect to this specific type of eyewitness evidence. …

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …

Carteles Mexicanos: Impacto En La Doctrina De Seguridad Nacional En El Periodo De Felipe Calderón, Stephanie Bohada Polanía, Lizeth Carolina Velásquez Hueso

Negocios y Relaciones Internacionales

No abstract provided.

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

A Correlational Analysis Of Secondary Data For Factors Influencing Graduation From Adult Drug Court, David N. Masri

Theses and Dissertations

The proliferation of drug courts throughout the world over the last two decades presents an opportunity and a challenge. The drug court approach involves a combination of treatment and judicial supervision which is a diversion from incarceration and/or ‘traditional’ criminal justice supervision. Despite widespread study of drug courts, there is much that researchers still do not know and there is still controversy as to how and why drug courts work. This research study is an examination of secondary data from an urban, mid-Atlantic drug court to attempt to correlate factors that contribute to success (as defined by graduation) in drug …

Incarceration And Reintegration: How It Impacts Mental Health, April M. Marier, Alex Alfredo Reyes

Electronic Theses, Projects, and Dissertations

ABSTRACT

Background: Previous criminal justice policies have been non-effective leading to overpopulated prisons and unsuccessful reintegration. There is a lack of effective supportive and/or rehabilitative services resulting in high rates of recidivism and mental health implications. Objective: This study investigated the perceived impact that incarceration and reintegration with little to no supportive and/or rehabilitative services has on the mental health status of an individual. The emphasis was on participant perception and not on professional reports because of underreporting and lack of attention to mental health in the criminal justice system. Methods: Focus groups in the Inland Empire and Coachella Valley …

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.

Ghana’S Jury System On Trial, Dennis D. Adjei

Duke Law Master of Judicial Studies Theses

Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker

PhD Dissertations

This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Extra-Legal Characteristics And Sentencing Disparity Among Federal Drug Offenders, Justin D. Galasso

Sociology & Criminal Justice Theses & Dissertations

The development of the federal sentencing guidelines was made as an attempt to provide a uniform standard of sentencing procedure for defendants convicted within the federal legal system. Unfortunately, such unvarying policy has over the years birthed a system of sentencing that lacks equality among like defendants. The Supreme Court, in 2005, ruled that the sentencing guidelines were no longer to be compulsory during sentencing procedures, but rather act as an ancillary tool. The present study examines multiple legal and extra-legal variables and their influence on two aspects of imprisonment probability for federal drug offenders for the years of 1999-2006: …

Boys Will Be Boys: A Social Control Approach To Assessment Of Gender-Based Sentencing Disparity In Norfolk Circuit Court Cases, Fay F. Spence

Sociology & Criminal Justice Theses & Dissertations

This study evaluated the relationship between gender and sentencing severity for defendants convicted of violent crimes, victimless crimes, and theft crimes in Norfolk Circuit Court during 2001 and 2002. Based upon social control theories, the author hypothesized that women receive harsher penalties than men for violent crimes and victimless crimes, but that men receive harsher penalties for theft crimes. To test these hypotheses, the author relied, in part, upon data collected by the Norfolk Commonwealth Attorney's office on 3368 criminal cases filed in 2001 and concluded by May 22, 2002. After eliminating cases not pertinent to the study, the data …

Gender, Race, And Court Location Effects On Exceptional Sentencing In The State Of Washington, Catherine L. Drezak

Sociology & Criminal Justice Theses & Dissertations

Policy statements by the Sentencing Commission for the State of Washington emphasize that gender, race, and community ties are irrelevant to sentencing decisions. Based on prior sentencing practices, these policies carry the potential to incorporate unrecognized sentencing disparity practices into the proposed sentencing equality solution. Using Washington's sentencing data under current sentencing guideline structures, this research examined the sentencing outcomes with respect to sentences given outside the guidelines. This study was designed to address the research questions: What effect, if any, does gender have on exceptional sentence outcome? To what extent, if any, is race a factor in determining gender …

Bailing Out Of Bonds: The Effect Of Victim/Offender Relationships And Other Factors In The Setting Of Bail, Tancy Vandecar

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate which factors impact bail decisions made by magistrates and judges. Much of the research on this topic was done in the early 1960s and 1970s when efforts such as the Manhattan Bail Project were in full force and the decisions of magistrates had not been investigated. There has been little research which looks specifically at the effect of victim-offender relationship on the bail decision. The present research utilizes bail decisions made by judges in the General District Court of Virginia Beach, Virginia as well as Virginia Beach magistrates. The effects of offense …