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Articles 1 - 30 of 40
Full-Text Articles in Criminal Procedure
Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden
Racial Bias Within Capital Punishment: Instructional Comprehension, Marcus Gadsden
Honors Projects
This dissertation examines the existence of racial bias within capital punishment. Since colonial times discriminatory death sentencing has impacted racial minorities, and despite living in a post-colonial epoch, the United States Justice system continues to produce alarming racial disparities. Consequently, both law reviews and social science journals indicate that race remains a significant factor in criminal trials. So, to what extent does racial bias influence capital punishment trials? Given that it does exist, how can it be alleviated? Through a statistical/qualitative analysis of psychological studies, Supreme Court cases, and jury instructions, this dissertation suggests that implicit cognitive bias continues to …
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
CMC Senior Theses
Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce
College Honors Program
It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
Senior Theses and Projects
The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Senior Projects Spring 2023
This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.
Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston
Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston
Electronic Theses and Dissertations
By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
University Honors Theses
In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
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.
Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez
Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez
University Honors Theses
The purpose of this thesis is to describe how the current bail system in America is discriminatory and unjust for people of color (POC). The American criminal justice system is represented as a system run by procedural justice, which entails government officials being genuinely concerned about the fairness and transparency of the process by which decisions are made. This presumes that every American will be treated with the same respect and dignity, and that they will be given the same opportunities regardless of their socioeconomic status, racial or ethnic backgrounds. America’s cash bail system and its impact on people of …
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz
All Graduate Theses, Dissertations, and Other Capstone Projects
In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty
Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty
Student Theses
Video-recorded eyewitness identification procedures can preserve an accurate record of the conditions under which the eyewitness made an identification. Scholars posit that having the record will allow legal actors to make better decisions on the basis of an identification. Yet limited research has examined how jurors’ judgments are influenced by this evidence. Research on other types of video-recorded evidence has demonstrated a strong camera perspective bias, wherein jurors’ judgments are influenced by the angle with which the evidence is recorded. This study examined whether the camera perspective bias similarly influences jurors’ perceptions of video-recorded identification procedures. Participants viewed a mock …
Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders
Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders
University of New Orleans Theses and Dissertations
Laws and institutions in the United States have consistently marginalized people of color throughout the country's history. This research examines the United States' criminal justice system while considering how the country’s past of oppression has resulted in a racially biased system. Through analysis of policies, literature, and quantitative data, the primary goal of this research is not only to exhibit that racial discrepancies exist within the criminal justice system, but also to question how they persist in order to determine a solution. By utilizing both qualitative data collected through existing social theory as well as quantitative data showing varying perceptions …
The Revolving Door Of Recidivism, Laura E. Bull
The Revolving Door Of Recidivism, Laura E. Bull
Classical Conversations
With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …
Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom
Dissertations, Theses, and Capstone Projects
Fraud, Waste, Abuse, and Corruption present significant challenges to the efficient use of public resources and stifle government service improvement by detracting from policy development and undercutting funding for important initiatives. The purpose of this study is to better understand the aids and impediments to investigations of these offenses and provide a generalizable definition for the mission of Inspectors General, the group tasked with monitoring and addressing these offenses. This study also sought to identify the material role of software in investigations of Fraud, Waste, Abuse, and Corruption. Through a purposive sampling, 18 Inspectors General from the federal, state, and …
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
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 …
Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante
Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante
Honors Theses
This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …
Killing Silence: A Path To Increasing Homicide Solvability In Urban Communities, Dennis Thornton
Killing Silence: A Path To Increasing Homicide Solvability In Urban Communities, Dennis Thornton
University of New Orleans Theses and Dissertations
Relatively low rates of homicide solvability results in law-abiding citizens being forced to co-exist with known murderers, which is detrimental to a community’s psyche. This condition happens disproportionately in neighborhoods where crime is high, cohesiveness among its members is weak, and the citizen/police relationship is little or non-existent. This research sought to understand this phenomenon by asking,” How can murder solvability rates improve in marginalized communities?” and employing four theoretical lenses. Using the city of New Orleans as a case study and holding Social Disorganization Theory constant, Spiral of Silence, Habitus, and Dramaturgy were utilized in an attempt to understand …
Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder
Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder
International Political Economy Theses
Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of …
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler
Undergraduate Theses
This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage
All Master's Theses
Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
CMC Senior Theses
The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …
Evaluating The Effectiveness Of Justice Reinvestment Legislation In Oregon: Analyses Of State And County Implementation, Christopher Wade Dollar
Evaluating The Effectiveness Of Justice Reinvestment Legislation In Oregon: Analyses Of State And County Implementation, Christopher Wade Dollar
Dissertations and Theses
Sentencing reform and "tough on crime" policies have assisted in the inflation of the United States' prison population by nearly 400% over the last 50 years. In 2003, justice reinvestment was conceptualized as a way to decrease recidivism and remedy the exorbitant correctional spending by reinvesting funds on rehabilitation and reentry assistance to those leaving custodial institutions. Early implementations of justice reinvestment in Connecticut and Texas achieved both savings and reductions in prison populations. This led to the creation of the Justice Reinvestment Initiative by the U.S. Bureau of Justice Assistance in 2010. Officials of the Justice Reinvestment Initiative sought …
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 …
Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson
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 Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker
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 …
Police Lineups And Eyewitness Identification, Alessandra Ricigliano
Police Lineups And Eyewitness Identification, Alessandra Ricigliano
Honors Senior Capstone Projects
Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous and …
A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro
A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro
Electronic Theses and Dissertations
As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro
Dissertations, Theses, and Capstone Projects
This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …
The Corrections System Must Make More Accommodations For The Needs Of Motherhood During Incarceration And The Parole Period, Susan Bloom
Theses & Dissertations
While the overall prison population has experienced an unprecedented growth period over the past thirty years, no segment has grown at a faster rate than the female population. Since the majority of female inmates in this country are mothers, it is imperative that the corrections system addresses the unique needs of this subset. This thesis investigates problems women face during the pregnancy period, while in labor and delivery, while their progenies are infants, children and adolescents and reunification issues during the parole period.