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Articles 1 - 8 of 8
Full-Text Articles in Criminal Law
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 …
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 …
Physical Match: Unique Fracture Patterns In Wooden Popsicle Sticks, Yiu Ming Sunny Lau
Physical Match: Unique Fracture Patterns In Wooden Popsicle Sticks, Yiu Ming Sunny Lau
Themis: Research Journal of Justice Studies and Forensic Science
Physical match (or physical fit) evidence was considered reliable in court for years, until the Daubert case, which required standardized scientific methodology on all forensic evidence. Physical matching faces the same criticism as other forms of physical evidence (specifically, that it lacks a scientific foundation). Physical matching is based on the idea that when an object is fractured, the shape of each fragment is unique and it is not possible to recreate a fragment that is identical to any other. In this study, fifty wooden popsicle sticks were broken in half, the pieces were mixed, and then reconstructed using physical …
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.
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.