Legal Studies Commons^™

The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams

ENGL 1102 Showcase

This is a compilation of research papers written under a common theme of United States Justice System Failures. This was done for an assignment in an English 1102 class.

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

All Faculty Scholarship

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …

Diversion Of Juvenile Offenders In China, Ying Cao

Contemporary Issues in Juvenile Justice

No abstract provided.

Recidivism: An Analysis Of Race, Locus Of Control, And Resilience, Danisha Latrell Thomas

Walden Dissertations and Doctoral Studies

Recidivism is a growing problem in the United States that has contributed to prison overcrowding. In the United States, this is especially true for minorities, who have the highest incarceration, conviction, and recidivism rates. The purpose of this mixed methods study was to explore the relationship between race, recidivism, locus of control, and resilience. For the quantitative component, the Connor-Davidson Resilience scale (CD-RISC) and the multidimensional locus of control scales were used to measure resiliency and locus of control differences among racial groups (N = 126) on parole at a Fort Worth, Texas parole office. For the qualitative component, in-depth …

The Trouble With Truth-Telling: Preliminary Reflections On Truth And Justice In Post-War Liberia, Gabriel Twose Ph.D., Caitlin O. Mahoney Ph.D.

Peace and Conflict Studies

This study investigates perceptions of the Liberian Truth and Reconciliation Commission (TRC), particularly focusing on understandings of, and the links between, truth, justice, and reconciliation. Forty-five semi-structured interviews were conducted at three research sites in Liberia. Findings indicate that although most Liberians agreed with the TRC in principle, most of those who followed its proceedings saw major problems in its implementation, harming perceptions of reconciliation. Participants expressed concerns that the Commission had failed to discover the full truth of wartime abuses, that the truth that was discovered was not told in the right way, and that there had been problems …

Secondary Victims' Perceptions Of Justice : Implications For Forensic Psychology, Benjamin Bannister

Theses: Doctorates and Masters

An emerging area of study has begun to look at the perceptions of justice of the family and friends of crime victims – or, secondary victims. It is important to improve understanding of secondary victims’ experiences of justice, partly because knowledge about how they perceive justice may help forensic psychologists assist them more effectively. This research attempted to assess how well existing justice theories could account for secondary victims’ perceptions of justice, and also help determine what is important to them. Using the largely ignored group of secondary victims of non-sexual violent crime, the research consisted of two interrelated stages. …

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …

A Case Against Bringing Monsters To Justice: Pinochet, Deterrence, And Personal Identity, Ibpp Editor

International Bulletin of Political Psychology

This article presents a philosophical psychology case against subjecting former national leaders who allegedly committed atrocities committed while they were in power to adjudication through a criminal or civil justice system.

Terrorism And Legal Competence: A Reader's Opinion, Ibpp Editor

International Bulletin of Political Psychology

A reader, a police officer from a Pacific Basin Country, wishing to remain anonymous, reacts to IBPP article "Terrorism and Legal Competence" (V. 1, No. 1, November 8, 1996), discussing that article's treatment of terrorism and versions of legal competency. Religious as well as intolerance are likewise discussed.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …