Social and Behavioral Sciences Commons^™

Rethinking Antebellum Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …

Introduction To The Symposium On Digital Evidence, Melinda (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

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 …

Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley

Honors College Theses

While placing a child in foster care is often in an effort to protect them and their future, it does not always fully succeed. Placement in foster care has been found to be highly unstable. Additionally, it has been linked to an increase in individuals’ likelihood to engage in delinquent and criminal behavior. This thesis looks at the possibility that these two aspects may be related through Hirschi’s (1969) Social Bond theory. It examines available data from ten different states in order to explore this idea. The results of this investigation show that the instability of the foster care system …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

Electronic Theses and Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

Criminal Justice Update - January 2024, Delaney Rabenold

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature (no updates this month)
• Updates from the Courts
• U.S. Supreme Court (no updates this month)
• PA Supreme Court
• PA Superior Court

The New Straightjackets: How Prisons Have Come To Be The Mental Illness Solution, Parker A. Wolfe

Soaring: A Journal of Undergraduate Research

This paper examines the current mental health resources that are available in prisons, as well as the correlation between deinstitutionalization and the rise of individuals struggling with mental illness within prison walls.

Police Flight Oversight: Lapd Drone As First Responder Implementation, Nathaniel Worley

CMC Senior Theses

This thesis explores the feasibility of implementing a Drone as First Responder (DFR) program within the Los Angeles Police Department (LAPD), analyzing the operational, social, and financial implications compared to traditional police helicopter usage. The thesis investigates helicopter flight patterns, demographic correlations, and the potential for drones to provide a less invasive and more cost-effective aerial support system. Key findings include the use of incorrect identifying hex codes by LAPD helicopters, suggesting potential transparency issues in aerial operations. The thesis recommends DFR due to substantial cost savings and enhanced surveillance transparency and asserts that a DFR program can mitigate negative …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

Comparative Analysis Of Prosecutor-Led Diversion Programs: Insights To Japan’S Suspension Of Prosecution For Recidivism Prevention, Mio Hagino

LL.M. Essays & Theses

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges. …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin

Faculty Scholarship

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …

A Novel Dual Configuration Dart/Uhplc-Ms/Ms System For The Rapid Analysis Of Psilocybin-Containing Mushrooms And Other Seized-Drug Submissions, Aron R. Jaffe

Master of Science in Forensic Science Directed Research Projects

The use and availability of controlled substances is highly dynamic. When a classical or novel psychoactive substance becomes popular, an influx of seized-drug evidence submissions closely follows, contributing to an ever-growing backlog of exhibits awaiting identification. The need for inclusive, rapid, and robust analytical methods is apparent, as demonstrated by recent growth in hallucinogen use. Psilocybin and psilocin, among other entheogens, have become increasingly popular and an increase of psilocybin mushroom seizures by law enforcement has followed. The structural similarity and thermal lability of many entheogens preclude their identification using many conventional analysis techniques. A DART and UHPLC were interchangeably …

When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter

School of Business Student Theses and Dissertations

Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

MSU Graduate Theses

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

The Devil In The Details: Sex Work Legalization, Sexual Violence, And Moral Subjectivity, Molly Hauf

Departmental Honors Projects

Prostitution legislation has re-emerged in public and academic discourse in recent decades after relative silence on the issue since the mid-twentieth century, spurred by Sweden’s adoption of prostitution decriminalization - the first known legislation criminalizing the buyers of sex (rather than the sellers) to be actualized in legislation. Since then, scholarship examining the population-level effects of such legal changes has found evidence that changes in legislation affect rates of sexual violence, although the causal credibility and generalizability of some of this scholarship is disputed. Additionally, much of the previous scholarship examining this question used relatively small sample sizes that include …

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 …

Book Review: Rethinking Participation In Global Governance: Voice And Influence After Stakeholder Reforms In Global Finance And Health, Melinda (M.J.) Durkee

Scholarship@WashULaw

Who is entitled to contribute to rulemaking at the international or transnational levels? "Rethinking Participation in Global Governance takes an empirical tack," confronting the important and understudied—but methodologically confounding—question of how effectively to improve the representativeness of global governance. The volume’s carefully constructed qualitative studies offer a wealth of insights but few systematic or easily generalizable answers. Nevertheless, the book has much to offer, describing models and techniques to expand participation, offering examples of how various actors in the Global South were able to make use of them, then embedding this description in the push and pull of a scholarly …

Redefining Rehabilitation: Evaluating The Washtenaw County Pre-Plea Diversion Program, William Ellsworth

CMC Senior Theses

The Washtenaw County (MI) Prosecutor’s Office’s Pre-Plea Diversion Program (PPDP) aims to divert eligible misdemeanor defendants from the criminal justice system, offering rehabilitative programming to reduce reoffending and minimize the collateral consequences of a criminal conviction with case dismissal. This research assessed whether PPDP participants were less likely to be re-arrested in the six months following program completion compared to a sample of defendants facing similar charges within the same court. It was hypothesized that the PPDP would effectively reduce re-arrest, with community service and mental health counseling proving particularly impactful. Employing a quasi-experimental design, data from 90 successfully diverted …

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …

Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr

Capstone Showcase

My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …

Eco-Illusions: Unveiling Greenwashing Techniques On Corporate Social Media, Madeline B. Davis

Pell Scholars and Senior Theses

As the climate crisis continues, businesses are becoming savvier with how they communicate their environmental impact to their audiences. Greenwashing, the act of making unsubstantiated claims about the environmental friendliness of products, is becoming more popular amongst unsustainable corporations. Past research shows that companies are using specific techniques to deceive consumers. By conducting a content analysis of five corporate Instagram accounts from companies with past greenwashing allegations, this research used four main criteria to categorize greenwashed posts: color palette recurrent language, pleasant nature imagery, and vague appeals. Vague appeals were most commonly used online. Understanding how companies are perpetuating greenwashing …

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Crj 63 - An Introuction To The Criminal Justice System, Grace Trotman

Open Educational Resources

This course provides a study of the elements that comprise the criminal justice system: the police, courts, and corrections. Attention is given to civil liberties issues, which involve the procedural due process rights of criminally accused persons. Students undertake an intellectual journey through the criminal justice system to fortify their knowledge of the law and protections guaranteed under the Bill of Rights as they apply to the agencies that comprise the criminal justice system.

Recidivism Outcomes For Young People Who Have Committed A Sexual Offence And Received Treatment: A Systematic Narrative Review Of Studies Conducted In Australia And New Zealand, James L. Finney, Natalie Gately, Suzanne Rock

Research outputs 2022 to 2026

Young people who have committed a sexual offence present unique and serious challenges to the criminal justice systems of Australia and New Zealand. To understand the current state of existing literature, we systematically collated and critically appraised studies using narrative synthesis, examining the recidivism outcomes of young people who have committed a sexual offence and received treatment. Eight studies were identified utilising a sample of 1528 young people. Recidivism was higher among participants who did not complete treatment, compared to those who completed treatment, but highest in those who commenced but subsequently “dropped out”. Our findings highlight a need for …

Redistributing Justice, Benjamin Levin, Kate Levine

Scholarship@WashULaw

This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …