Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons

Open Access. Powered by Scholars. Published by Universities.®

15,392 Full-Text Articles 11,612 Authors 21,926,181 Downloads 293 Institutions

All Articles in Legal Studies

Faceted Search

15,392 full-text articles. Page 5 of 327.

Crossover Youth: The Relationship Between Juvenile Dependency And Delinquency, Victoria Davenport 2023 Portland State University

Crossover Youth: The Relationship Between Juvenile Dependency And Delinquency, Victoria Davenport

University Honors Theses

This literature review looks at the relationship between juvenile delinquency and juvenile dependency. Specifically, it evaluates the existence of "crossover youth", minors who have been involved with both systems in their lifetime. The review considers thirteen different studies, literature reviews, and databases to determine risk factors in maltreated youth that cause them to offend. The review also looks at the impact that second-generation parents have on likelihood of offending as juveniles, as well as the importance of welfare worker perception on parental involvement with dependency agencies. Finally, the review considers potential interventions to crossover youth, determining how to assist maltreated …


The Curious Tension Between Fish And Game Conservation Officers And The Fourth Amendment, Thomas White 2023 The University of Texas Rio Grande Valley

The Curious Tension Between Fish And Game Conservation Officers And The Fourth Amendment, Thomas White

Criminal Justice Faculty Publications and Presentations

Based on principles of federalism, states as well as the federal government address the powers and duties of fish and wildlife conservation officers (hereafter referred to generally as “conservation officers”) in a variety of ways, a significant number of which appear to have Fourth Amendment ramifications. Many states require their conservation officers to have probable cause, with or without a search warrant, to engage in search activity. Since this is the standard employed for reviewing the reasonableness of the actions of ordinary law enforcement officers, these states’ legal requirements for searching hunters and anglers do not implicate Fourth Amendment concerns. …


Who Owns Children’S Dna?, Nila Bala 2023 UC Davis School of Law

Who Owns Children’S Dna?, Nila Bala

Michigan Law Review

In recent years, DNA has become increasingly easy to collect, test, and sequence, making it far more accessible to law enforcement. While legal scholars have examined this phenomenon generally, this Article examines the control and use of children’s DNA, asking who ultimately owns children’s DNA. I explore two common ways parents—currently considered “owners” of children’s DNA— might turn over children’s DNA to law enforcement: (1) “consensual” searches and (2) direct-to-consumer testing. My fundamental thesis is that parental consent is an insufficient safeguard to protect a child’s DNA from law enforcement. At present, the law leaves parents in complete control of …


"I Call It Hunting": Centuries Of Violence Against Native American Women, Antonia Felix 2023 Minnesota State University, Mankato

"I Call It Hunting": Centuries Of Violence Against Native American Women, Antonia Felix

Educational Leadership Department Publications

Native American and Pacific Islander women are missing and murdered at an alarming and relentless rate. The history of violence against this population starts with European contact in the fifteenth century and continues to this day with Native women suffering the highest rate of sexual assault per capita in the nation. This panel presentation held in observance of the International Day of Eliminating Violence Against Women concludes with a recognition of Native American resilience and actions all Americans can take to help reduce these crimes.


Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li 2023 University of South Carolina, USA

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …


The Professionalization Of The Supreme Court, Ruben Lopez-Apodaca 2023 Chapman University

The Professionalization Of The Supreme Court, Ruben Lopez-Apodaca

Student Scholar Symposium Abstracts and Posters

The professional and personal backgrounds of Supreme Court Justices are becoming increasingly similar. Nearly all sitting justices hold degrees from an Ivy league law school and have experience as federal circuit judges. In earlier periods this was not the case. The Stone Court of the 1940’s had six Ivy League alumni and one judge with federal circuit experience. This begs the question, when and why did this shift take place? This study will provide an overview of the occupational and educational backgrounds of every justice from 1910 to the present, in addition to Supreme Court nominees of the same period …


Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché 2023 Autonomous University of Campeche

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …


Prisons And Universities: Co-Creating Curricula For Prison-University Partnerships., Michela Scalpello 2023 University of Portsmouth

Prisons And Universities: Co-Creating Curricula For Prison-University Partnerships., Michela Scalpello

Journal of Prison Education Research

This paper illustrates the approach of co-creating education where co-creation was an important aspect of the curriculum design. It makes a case for prison-university partnerships through two pedagogical case studies – one within a prison setting with a focus on soft skills acquisition and another in a Higher Education setting focusing on international criminal justice. Originating from the observations and reflections of an educator which led to a participatory action research opportunity, it asserts that actively teaching and learning together increases effective learning through better understanding and motivation, as well as giving access to the right to education regardless of …


The Contributions Of Mental Health Issues, Traumatic Brain Injury, And Adverse Childhood Experiences To Recidivism Among Rural Jail Incarcerees, Lauren N. Miley 2023 University of South Florida

The Contributions Of Mental Health Issues, Traumatic Brain Injury, And Adverse Childhood Experiences To Recidivism Among Rural Jail Incarcerees, Lauren N. Miley

USF Tampa Graduate Theses and Dissertations

Recidivism should be a major concern, particularly for American jails. The Unites States incarcerates 2.3 million people, a number exceeding rates in any other country. Approximately 90% of those individuals will reenter society at some point, and roughly half of those people will ultimately return to jail. This revolving door costs U.S. taxpayers upwards of $39 billion per year, and undermines public safety. Therefore, breaking this cycle of incarceration and recidivism is of utmost concern, and the focus of this dissertation. Mental health problems, traumatic brain injury (TBI), and adverse childhood experiences (ACEs) are three potential risk factors for recidivism …


Recent Updates From The Bgsu Police Integrity Research Group, Philip M. Stinson 2023 Bowling Green State University

Recent Updates From The Bgsu Police Integrity Research Group, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the American Society of Criminology in Philadelphia, PA on November 17, 2023.


Understanding Incarcerated Education: A Review Of The Digital And Gender Inequality Impacts Of Accessibility And Inclusivity Of Higher Education For Incarcerated Students, Bianca R. Parry PhD 2023 University of Pretoria

Understanding Incarcerated Education: A Review Of The Digital And Gender Inequality Impacts Of Accessibility And Inclusivity Of Higher Education For Incarcerated Students, Bianca R. Parry Phd

Journal of Prison Education Research

Education in the correctional environment is endorsed as an effective rehabilitative tool linked to reducing recidivism and improving reintegration. Unfortunately, while researchers from the Global North are particularly active on the subject of the accessibility of digital education in corrections, the same cannot be said for the Global South. Of further concern is that few of the studies conducted have focused specifically on incarcerated women’s access to education. As discussed in the literature review to follow, research regarding higher education in corrections has the potential for expanding academics, stakeholders, and policy makers understanding of incarcerated students’ pathways towards education attainment. …


Assessing The Relationship Between True Crime Documentary And Podcast Consumption, Fear Of Crime, And Protective Behaviors, Lauren A. Tremblay 2023 University of South Florida

Assessing The Relationship Between True Crime Documentary And Podcast Consumption, Fear Of Crime, And Protective Behaviors, Lauren A. Tremblay

USF Tampa Graduate Theses and Dissertations

This study examines how the consumption of true crime documentaries and podcasts is linked to the fear of crime and the adoption of protective behaviors. Building upon prior research that explores these relationships, this study aims to evaluate the impact of true crime content consumption and fear of crime on individuals’ engagement in protective behaviors. Using a cultivation theory framework with an analytic sample of 665 American adults, three Ordinary Least Squares (OLS) regressions and one structural equation model are used to evaluate the relationship between true crime documentary and podcast consumption, fear of crime, and protective behaviors. Results suggest …


Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken 2023 United States Military Academy at West Point

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …


Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert 2023 Technological University Dublin

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …


Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call 2023 Longwood University

Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call

Journal of Social, Behavioral, and Health Sciences

The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …


Criminal Justice Update - November 2023, Delaney Rabenold 2023 Gettysburg College

Criminal Justice Update - November 2023, 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
  • Updates from the Courts
    • U.S. Supreme Court (no updates this month)
    • PA Supreme Court
    • PA Superior Court


Sound Of Freedom: A Summer Blockbuster Movie With An Edge, Daniela Peterka-Benton 2023 Montclair State University

Sound Of Freedom: A Summer Blockbuster Movie With An Edge, Daniela Peterka-Benton

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


A Comparison Of Defensiveness In Mmpi-2-Rf Profiles Of Male Sex Offenders And Child Custody Litigants, Kyla M. Jones 2023 Florida Institute of Technology

A Comparison Of Defensiveness In Mmpi-2-Rf Profiles Of Male Sex Offenders And Child Custody Litigants, Kyla M. Jones

Theses and Dissertations

Clinical evaluations have had a long-standing role in criminal and civil legal proceedings due to the intersection between various legal criteria and aspects of psychological functioning. The Minnesota Multiphasic Personality Inventory (MMPI; Hathaway & McKinley, 1943) and its subsequent versions have been among the most commonly utilized and empirically supported measures of personality and psychopathology in assessing forensic populations. One application for which MMPI instruments have been particularly useful is in the evaluation of sex offenders. This is in part due to the tests’ built-in validity scales, as MMPI underreporting scales are found to be effective in assessing sex offenders’ …


Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa 2023 Western University

Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa

Electronic Thesis and Dissertation Repository

This thesis offers an original translation and analysis of a West African didactic poem in Islamic ethics and law, by the Mālikī-Ashʿarī Mauritanian scholar Aḥmad al-Ṣaghīr (d. 1272 AH/1856 CE) called The Faqīh’s Lantern (Miṣbāḥ al-Faqīh). In addition to the critical translation, I examine the poem thematically through the lens of social virtue epistemology. Chapter 1 sketches the background of the text and author, positioning the author historically as a product of a rich scholarly and pedagogical tradition while noting Mauritania’s contemporary place in the North American Muslim imagination. Chapter 2 is the translation of the text, making …


Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh 2023 Universidad Intercultural Maya de Quintana Roo

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …


Digital Commons powered by bepress