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2022

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Articles 1 - 30 of 45

Full-Text Articles in Criminology and Criminal Justice

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio Dec 2022

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

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An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb Dec 2022

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.

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Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage Nov 2022

Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage

Student Published Works

Elements of perceived control are associated with recidivism in offender populations. We investigated the application of locus of control to the frequency of personal involvement with the law and to beliefs surrounding the likelihood of future contact with the legal system. We hypothesized that, as the number of sentencings or legal experiences increased, locus of control would externalize. We also predicted that increased legal involvement would lead to greater belief in the likelihood of future involvement. A statistically significant path model suggests that locus of control appears to be a predictor of increased criminality, as opposed to the other way …

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The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller Aug 2022

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …

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Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman Jul 2022

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.

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A Day Late And A Dollar Short: Examining Perceptions Of Which Exonerees Deserve Compensation, Alexandra Pauline Olson Jul 2022

A Day Late And A Dollar Short: Examining Perceptions Of Which Exonerees Deserve Compensation, Alexandra Pauline Olson

Dissertations and Theses

Many exonerees do not receive compensation from the state after they are found innocent and released because most states have exclusionary laws that bar exonerees from receiving compensation. This thesis examined public perceptions of exclusionary laws and addressed the broader question of who deserves compensation (according to community members). Online participants (n = 225) read an article about a fictional exoneree who either pleaded guilty or was convicted by a jury trial and who received a subsequent conviction or did not receive a subsequent conviction. An exoneree with a subsequent conviction was perceived as less deserving of financial compensation, …

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Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster Jul 2022

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …

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Regulating Harm: Tensions Between Data Privacy And Data Transparency, Kaitlyn Filip, Kat Albrecht Jul 2022

Regulating Harm: Tensions Between Data Privacy And Data Transparency, Kaitlyn Filip, Kat Albrecht

CJC Publications

In an era of massive digital data growth, data storage and dissemination has posed complex new problems for privacy regulations across agencies and institutions on a global scale. Laws about data privacy vary substantially by country, by state, and by industry. In formulating these policies, there exists a fundamental tension between a desire for data privacy and one for data transparency. This tension becomes particularly acute as new digital tools and access technologies have made these records more accessible and connectable than ever before. This tension is borne out in the enactment of law. Three states – California, Colorado, and …

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Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw Jun 2022

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

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Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez Jun 2022

Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez

Global Honors Theses

Despite the belief that our justice system holds people “innocent until proven guilty,” for those who are unable to pay for their freedom from pretrial detention, they find the opposite to be true. The cash bail system in this country allows people to pay a court-determined fee to be released from jail after arrest while they wait for their trial. But as this paper demonstrates, the cash bail system as it currently stands in Washington State criminalizes poverty and simultaneously exacerbates racial inequities. Under this system, accused individuals who cannot afford bail, as well as their families, face extreme social …

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Examining Probation Lengths In Philadelphia, Pa, Madeline Grace Davis Jun 2022

Examining Probation Lengths In Philadelphia, Pa, Madeline Grace Davis

Dissertations and Theses

One out of every 22 adults in Philadelphia, PA is under community supervision which is more than double the national average (Schiraldi, 2018). Even though probation has been seen as a more lenient alternative to prison it actually serves as a net-widener (Phelps, 2020). Probation can result in increased punishments for low-level offenses when failure to meet probation conditions results in jail or prison time when there was never a possibility of long-term incarceration at the time of sentencing (Phelps, 2020). This study uses public court information data from Philadelphia to analyze the effects different dosages of probation have on …

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Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari May 2022

Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the degree of satisfaction of the elderly about the (social, health, entertainment, psychological) services provided to them in social care houses. The sample of the study includes all residents of the White Beds Association for the care of the elderly in Amman. The researcher designed a questionnaire to use in the interviews with the elderly. The questionnaire has four items, and each item includes a group of questions about the service provided to them. The researcher interviewed all the members of the White Beds Association, whose health condition allowed this, (75 elderly people: 44 men …

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Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna May 2022

Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna

West Virginia Law Review

Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.

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America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider May 2022

America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider

The Scholar: St. Mary's Law Review on Race and Social Justice

In this article, the author examines the tenets of the Defund the Police movement and applies them to the American military to make the argument that not only should the police be defunded, but so should the American military. The purpose of this piece is to push the conversation regarding policing beyond American borders to examine American influence internationally. The article incorporates various Critical Race Theories to explore the intersection of policing and the military. The Defund the Police Movement also provides a framework for critiquing the American military because the American police and military are inextricably connected. Part I …

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On The Intersections Of Childhood Maltreatment, Self-Control, And Behavioral Outcomes Across The Life-Course, Ameleigh Bippen May 2022

On The Intersections Of Childhood Maltreatment, Self-Control, And Behavioral Outcomes Across The Life-Course, Ameleigh Bippen

Honors Theses

Childhood abuse and neglect are highly deleterious experiences that a number of children continue to encounter. The purpose of the current discussion is to examine the impact of childhood abuse and neglect on the growth and development of self-control in early childhood. In service of this goal, several methods were employed, including a review of the historical and current research on the development of self-control. In addition to this, specific scientific theories and their advancements were analyzed to provide further insight into the connection between poor impulse regulation (and decision-making) and downstream linkages with criminal offending. Perhaps not surprisingly, evidence …

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Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke May 2022

Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke

All Faculty Scholarship

The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …

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Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack Apr 2022

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.

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The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow Apr 2022

The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow

The Mid-Southern Journal of Criminal Justice

There has been a specter haunting America for over 400 years. That specter is an insidious and destructive beast that has found its way into every crevice and layer of all American institutions. Racism, racial stereotypes, racial stigma, biases, and White supremacy has infiltrated every power structure since the foundation of America and has created a system of social control that has perpetually oppressed, marginalized, and disenfranchised generations of people of color. One of the most catastrophic by-products generated from America’s historic racist ideology has been that of the over-criminalization of people of color for drug crimes justified by discriminatory …

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Examining Legal Financial Obligations In Washington State, Bryan Lewis Apr 2022

Examining Legal Financial Obligations In Washington State, Bryan Lewis

PPPA Paper Prize

After criminal offenders are convicted of a crime, they must return to the court where a judge will determine their sentence. Sentencing often includes jail time, but it always includes monetary penalties, or Legal Financial Obligations (LFOs). There are many reasons these penalties are given, from restitution for the victims of criminal offenses, to providing government revenue and funding the court, to punishment for the offender. However, these fines, and the interest rates that come with them, often leave offenders with an enormous amount of debt. There are a lot of interests at stake when it comes to LFO sentencing …

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La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch Apr 2022

La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch

Independent Study Project (ISP) Collection

Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …

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Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves Apr 2022

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …

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Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos Apr 2022

Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos

Independent Study Project (ISP) Collection

Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …

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Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto Mar 2022

Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto

National Youth Advocacy and Resilience Conference

We'll explore tangible ways to advocate for BIPOC students who've experienced educational disruptions. We’ll discuss the methods and model The Bars to Bridges Program uses to successfully transition justice involved youth into their academic settings and maintain engagement in education.

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Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale Mar 2022

Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This study describes tax evasion or fraud in the United States sex market. Prior to this study, scholars have recognized the problem of tax evasion in the commercial sex market as an obstacle to national revenue collection. Tax violation and fraud investigations also are ways to combat the illegal commercial sex industry. However, no studies have focused on the problem in the United States sex market. Hence, this study aims to describe tax evasion or fraud methods used by the criminals operating in the United States sex market. This study relies on both quantitative and qualitative methods to examine the …

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Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi Mar 2022

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …

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Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz Feb 2022

Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz

Master of Arts in Criminal Justice Leadership

The United States prison system functions on a binary of male and female inmates. Transgender, non-binary, gender non-conforming, and intersex individuals challenge the limits of these systems and their policies. This paper addresses how to create policy for transgender individuals and what the policies should include. The best practice for creating policies involves basing them in solid ethics. Looking at different ethical theories will help solve ethical dilemmas involving housing, searching, and other policies for transgender and gender non-conforming inmates. To ensure that policies coincide with the law, an examination of case law provides the legal background for these policies. …

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Internal And External Challenges To Culpability, Stephen J. Morse Jan 2022

Internal And External Challenges To Culpability, Stephen J. Morse

All Faculty Scholarship

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …

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Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter Jan 2022

Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter

St. Mary's Journal on Legal Malpractice & Ethics

When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …

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The Implications Of A Militarized Police Force In The United States, Nhat Dang Jan 2022

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

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The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins Jan 2022

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …

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