Digital Commons Network^™

Genres, Communities, And Practices, Evan Malone

Legacy Theses & Dissertations (2009 - 2024)

In this dissertation, I defend a communitarian, practice-based, theory of genre and aesthetic value. I argue that theories of aesthetic value and art ontology within analytic philosophy have been too focused on the intentions of individual artists, the features of individual works, and the aesthetic experience of individual audience members. Accordingly, philosophical accounts of genre also follow this model. However, taking genre seriously means recognizing that they are social categories. If this is right, then philosophy of art ought to pay closer attention to the ways in which genres (as social categories) mediate aesthetic practices, values, and concepts. By thinking …

Alternative-To-Incarceration Programs : An In-Depth Review Of State And Federal Drug Courts, Allison Kropf

Legacy Theses & Dissertations (2009 - 2024)

The United States’ recent shift toward rehabilitative justice has aided in the creation of alternatives to incarceration; among these alternatives is drug treatment court. This paper studies the similarities and differences between both state and federal drug treatment courts. Using three federal programs and nine state programs – located in three states: Florida, New York, and California – as proxies, rules, regulations, and criteria are examined in order to gauge the comprehensiveness and compatibility of drug treatment courts across the U.S. It is found that drug treatment courts across both the state and federal circuits are similar to one another, …

Child Protection Policy Dimensions Across Catholic Archdioceses And Civil Statutes : A Comparative Content Analysis, Jeffrey Trant

Legacy Theses & Dissertations (2009 - 2024)

Since 2002, the Catholic Church in the United States has enacted a national child protection framework to address child sexual abuse. However, child protection policies within the context of the Catholic Church are currently not well understood. This study was guided by the following questions: (1) How do child protection policy dimensions differ in Catholic archdioceses in the United States? (2) How do child protection policy dimensions differ across and between Catholic archdioceses and civil statutes? The present study utilized a generic qualitative methodology employing comparative content analysis to conduct a policy analysis using publicly available child protection policies from …

An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein

Legacy Theses & Dissertations (2009 - 2024)

Prosecutors wield the power of the criminal justice system (Medwed, 2014) and the ability to deprive a person of their constitutional rights (Imbler v. Pachtman, 1976). With such power, it is unsurprising that a leading cause of miscarriages of justice is prosecutorial misconduct (e.g., Joy, 2006; Ridolfi & Possley, 2010). New York State became the first state in the country to respond to this issue with a specialized Commission on Prosecutorial Conduct (CPC). The goal of the CPC is to serve as an official mechanism for holding District Attorneys and Assistant District Attorneys accountable by challenging convictions and handing down …

The Dark Figure Of Wrongful Convictions : How Intake Decisions Impact Exonerations, Jennifer Weintraub

Legacy Theses & Dissertations (2009 - 2024)

Innocence organizations contributed to 45% of exonerations in the year 2020, and account for nearly 25% of all U.S. exonerations. Yet little is known about these organizations, including a review of their intake criteria and procedures, how they select their intake criteria and procedures, or how those choices influence the landscape of known wrongful convictions. The contents of these intake decisions as well as how they are chosen have implications for what is currently known about wrongful convictions nation-wide. In this study, 19 innocence organizations represented by 24 innocence organization staff and leaders completed qualitative interviews to address this gap …

The Influence Of Facial Exposure On Confidence In Eyewitness Identification, Madelynn Fancher

Psychological Science Undergraduate Honors Theses

In crimes in which there is an eyewitness identification, confidence is usually a good predictor of accuracy. However, in some cases, estimator variables might affect the relationship between eyewitness confidence and accuracy. This study analyzes the effect of exposure duration on confidence during an eyewitness identification. According to the pristine conditions hypothesis (Wixed & Wells, 2017), if the system variables are optimal, confidence and accuracy will be strongly related, even if the viewing conditions are suboptimal. Participants in this online study viewed a mock crime in one of two conditions: brief exposure or long exposure. Following viewing the crime, participants …

From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter

William & Mary Bill of Rights Journal

We consider this issue here and suggest that the current calls for a negative right to be free from AI could very well transform over time into positive claims that demand the use of algorithmic tools by government officials. In Part I, we begin by sketching the current landscape surrounding the adoption of AI by government. That landscape is characterized by strong activist and scholarly voices expressing a pronounced aversion to the use of digital algorithms—and taking a decidedly negative rights tone. In Part II, we show that, although aversion to complex technology might be understandable, that aversion is neither …

Reimaging Take-Up In Challenging Times: Determining The Predictive Value Of Publicly Available Socio-Demographic Data For Social Assistance Programs, Margaret Dempsey

Honors Theses

Social assistance programs throughout the nation have experienced major obstacles to both funding and service provision related to the COVID-19 pandemic. The present study examines one strategy that a local Chattanooga nonprofit organization, Chattanooga Endeavors, explored to increase the rate of participation in a 21-day online program that assists justice involved individuals to address goals related to employment, education, and public assistance. The organization has access to judgment orders from Hamilton County (TN) Criminal Court and has used this information to identify individuals who have been sentenced to serve a prison term and who are eligible for an outreach program …

The Impact Of Political Systems On Addiction Policy In Industrialized Democracies., Lexi Renee Raikes

College of Arts & Sciences Senior Theses

Drug use is a global problem that impacts every country around the world. Although this issue is international in nature, there is no one shared response to addiction globally. The approach utilized by each country can generally be characterized as punitive or rehabilitative. Rehabilitative approaches, which center around the employment of harm reduction services, focus on reducing the negative consequences of drug use, while punitive approaches respond to substance use with prison sentences. Considering this lack of commonality in response, I sought to better understand potential causes for this disparity and was especially curious if government structure impacts the policy …

The Association Between Adolescent Dating Violence And Internalizing Symptoms: Insecure Attachment As A Moderator, Jasmine Blake

Psychological Science Undergraduate Honors Theses

This study examines whether insecure attachment styles moderate the relationship between adolescent dating violence (ADV) victimization and internalizing symptoms. It was hypothesized that an insecure attachment style would strengthen the existing relation between ADV victimization and internalizing symptoms. It was also hypothesized that this association would be stronger for girls than boys. One hundred and fifty-two adolescents participated in this study (M age = 15.61 years, SD = 1.086, 74.3% girls) and were asked to complete a survey that assessed ADV victimization, internalizing symptoms, and attachment style. Bivariate correlations did not reveal a significant associations between ADV victimization and …

The Law And Economics Of Animus, Andrew T. Hayashi

University of Chicago Law Review

People sometimes want to harm other people. This truism points to a blind spot in law and economics scholarship, which generally assumes that people are indifferent to the effects of their actions on other people. Diverse areas of the law, such as hate-crime legislation and constitutional equal protection doctrine, reside in this blind spot because they are premised on the existence of animus. I argue that the assumption of indifference unnecessarily limits law and economics analysis and that it is both possible and fruitful to incorporate animus into law and economics. I show that doing so leads to new insights …

Experimental Jurisprudence, Kevin Tobia

University of Chicago Law Review

“Experimental jurisprudence” draws on empirical methods to inform questions typically associated with jurisprudence and legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates on and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; it is an essential branch of it.

The Ethical Dilemmas Of The True Crime Genre, Jordan Smail

Marketing Undergraduate Honors Theses

Along with the recent mainstream popularity of true crime entertainment, the genre has been increasingly criticized for ethical violations. Interestingly, the centuries-long history of true crime and the moral debates around it has led to an abundance of literature on the subject with little to no consensus. The mere existence of true crime entertainment can even be considered controversial in some cases. For those who produce and market true crime content, a lack of common guidelines means receiving a wide range of feedback. This dichotomy of both backlash and praise being published about the same works reveals a gap in …

Recreational Cannabis Legalization And Homelessness In The U.S.: A Quasi-Experimental National Policy Analysis, James A. Sanderson

All Theses

In analyzing rising homelessness across the country, a comparison of state policies uncovered a trend: many states which were early adopters of adult-use recreational cannabis law also exhibited a high incidence of homelessness. As legalizing cannabis undoubtedly affects the number of substance users who are imprisoned, such changes to drug enforcement policy may also be impacting homeless populations. Now, there is substantial research on the relationship between incarceration and homelessness, and on co-occurring mental health and substance use problems known to be prevalent among these populations. Despite such similarities, and the impacts of recreational cannabis legalization on jail populations, there …

The Effects Of News Framing On Policy Support For Incarcerated Black Women, Rebecca Pool

All Theses

Mass incarceration has disproportionately affected many people; however, Black women have been routinely dismissed from the majority of prison scholarship and are at a particular risk through harmful stereotypes that serve as justification for their imprisonment. By examining their unique stance in the prison-industrial complex, this thesis draws attention to mechanisms to generate support for these women. Under the framework of framing theory and critical media effects, this research determined whether individual attribution of responsibility frames or societal attribution of responsibility frames affect individuals’ support for anti-mass incarceration public policies. According to the results, there were no effects between Black …

Mass Criminalization And Racial Disparities In Conviction Rates, Erin E. Meyers

UC Law Journal

A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are represented in the FBI’s master criminal database. Many scholars and commentators have questioned the desirability of mass criminalization and the resulting large-scale arrests.

I add new empirical context to this ongoing discussion by examining conviction rates among a nationally representative sample of young men. I find that, conditional on having been arrested, Black men are 29% less likely than their similarly situated White counterparts to experience conviction. This result …

Pursuing "Law And Order": The Need For Consistency In The Plea-Bargaining Provision Of The Federal Sentencing Guidelines, Ricky Murray

University of Dayton Law Review

No abstract provided.

The Need For A Legal Framework To Regulate The Use Of Artificial Intelligence, Chris Lewis

University of Dayton Law Review

No abstract provided.

As Seen On Screen: American Ambivalence Shown Through Death Penalty And Vigilante Films, Lisette Donewald

Honors Scholar Theses

The United States is one of the last western nations still practicing capital punishment. A history of and commitment to vigilantism and its ideals offers an explanation of America’s retention of capital punishment. Employing scholarship on law and popular culture and vigilantism, this thesis finds that pro-death penalty frames are prevalent in vigilante films while anti-death penalty frames are prevalent in films that focus specifically upon capital punishment. Since the 1960’s however, there has been a gradual shift towards anti-death penalty frames and away from pro-death penalty frames as well as changes in the themes presented in the two genres …

Punishment Vs. Rehabilitation: A Discourse On American Prison Reform & Comparative Analysis To Swedish Incarceration, Lauren Hipplewitz

Honors Scholar Theses

The infrastructure of the United States prison system continues to evolve through a series of policy changes and reforms. Throughout these developments, however, the institution continues to remain rooted in the philosophy of harsh penalization. This thesis incorporates a comparative analysis between the concept of perpetrator punishment within the American federal prison system to the concept of rehabilitative justice found in the Swedish system. I conceptualize the underlying “goals” of imprisonment within the United States and Sweden and examine how they serve as an operational foundation for both institutions. I analyze American prison reform that took place during the “War …

Examining The State Of Substance Use Treatment Among Youth And Adults In The United States, Esther Adejoke Adeniran

Electronic Theses and Dissertations

In the United States (US), substance use, misuse, and substance use disorders are significant public health problems. Additionally, the difference between needing substance use treatment (SUT) and receiving treatment is becoming more pronounced. Therefore, the aims of this dissertation include, 1) to synthesize evidence of barriers and facilitators to integrating SUT into mainstream health care (MHC) after the Affordable Care Act was nationally implemented in 2014, 2) to examine the rate of treatment completion and dropout, along with its associated factors, among youth who received Medication-Assisted Opioid Therapy (MAT), 3) to determine the relationship between prior treatment episodes and length …

“Test Run Or One And Done”: Gender Differences In Lgbtq+ Hookup Experiences, Della Burke

Doctoral Dissertations

This dissertation explores queer individuals’ participation within hookup culture, the goals and motivations of those taking part in queer hookup encounters, and the ways queer individuals make sense of their hookup experiences. I analyze data from 24 semi-structured qualitative in-person and online interviews to examine LGBTQ+-identified individuals’ experiences with queer hookup encounters. This dissertation offers several major contributions to the scholarship of LGBTQ+ hookup experiences. First, I find that participants talk about three discrete levels of intimacy: noncommittal hookups, “catching feelings,” and third, “real relationships” or emotional connections. Second, both men and women define hookups as noncommittal sexual encounters, but …

Innovations In Supervision Reducing Violence And Recidivism Through Vrp Aftercare And Cbi Open Groups, Jennifer Miller, Ryan E. Spohn, Michael Campagna

Reports

Nebraska Division of Parole Supervision has created a violence-reduction (VRP) aftercare program and a CBI intervention which maintains an open group structure to effectively reduce the recidivism rate of high-risk parole clients, particularly those who have been identified as likely to reoffend violently and those who have previously failed on community supervision. Long-term goals are to ensure 1) the highest risk parole clients receive a higher dosage of evidence-based interventions, 2) the reduced use of parole sanctions and revocations and 3) a reduced overall recidivism rate for parole clients. The ‘open’ nature of the programs (i.e., clients can begin at …

University Of Nebraska At Omaha Commencement: May 2022, University Of Nebraska At Omaha

Commencement Programs

No abstract provided.

Has There Been Another “Ferguson Effect”?, Megan Majewski

Political Science Theses and Capstones

On May 25^th, 2020, America stood still as they watched the video of Officer Derek Chauvin press his knee onto the neck of George Floyd leading to his death. Protests, riots, and calls to defund the police all ensued in the following months. I focus on how Floyd’s death changed attitudes towards law enforcement and may have contributed to an increase in crime, similar to the idea of a Ferguson effect, perhaps there was a Floyd effect in 2021. I focused this research on 69 cities, using crime data from the Major Cities Chiefs Association. I then measured …

Factors Influencing The Credibility And Believability Of Victims Of Sexual Assault, Stephanie Carlson

Political Science Theses and Capstones

The purpose of this research is to answer the question of which factors that influence the believability of a woman who comes forward to disclose a sexual assault are the most impactful. My methodology consisted of conducting interviews with attorneys who have participated in both the defense and prosecution of criminal sexual conduct cases to evaluate whether the trends revealed in the literature on a macro scale apply to the micro-scale in northern Minnesota. Findings showed that the majority of patterns revealed in the literature did in fact influence the credibility of victims of sexual assault in Beltrami County, Minnesota …

Title Ix & Disparate Impact: The Harmful Effects Of Abstinence-Centric Education, Olivia S. Lanctot

William & Mary Journal of Race, Gender, and Social Justice

Throughout the United States, schools are failing to provide students with comprehensive sex education that equips student with the life skills necessary for healthy relationships. This shortcoming has numerous psychological, emotional, and physical health consequences for the American youth. This Note will focus on how abstinence-centric curricula can influence sexual and teen dating violence. Presently, only one state requires instruction on consent, leaving most students to first encounter consent education or anti-harassment training in higher education institutions or the workplace. In light of the high rates of violence many young people experience before turning eighteen, this instruction often comes too …

Ending School Brutality, Nicole Tuchinda

William & Mary Journal of Race, Gender, and Social Justice

Children, especially Black children, are killed, traumatized, injured, and terrorized through assaults, solitary confinement, inappropriate handcuffing, and other excessive applications of physical force upon children in public schools. The state employees enacting such maltreatment are not just police. They are mainly teachers, principals, and security guards, and they are given authorization by law for purposes of “educating,” “disciplining,” and “maintaining order” in public schools. Scientific research does not support the use of physical force to improve behavior, however. This Article describes the problem of school brutality, the excessive, unwarranted, and traumatizing use of physical force by state employees upon students. …

Personality And Behavioral Characteristics: A Study Of Court Populations, Markayla Shattuck

Doctor of Psychology (PsyD)

Despite the growing body of research for Fetal Alcohol Spectrum Disorder (FASD) within adults, there remains a lack of research addressing the prevalence of FASD in the legal system. Over the last several decades it has become apparent that alcohol consumption during pregnancy can have devastating long term impacts on the developing fetus including facial abnormalities, cognitive deficits, adverse life outcomes, and behavioral challenges (Brintnell et al., 2019; O’Neil, 2011; Sarman, 2018; Streissguth et al., 2004). Within the legal system, FASD is about 30 times higher than the general population (Lange et al., 2017). Initially, the prevalence of FASD was …

The Impact Of Stimulus Age On Emotional Face Recognition, Morgan Goslar

Theses/Capstones/Creative Projects

Research supports the theory that stimuli, including experiences, words, and faces, with an emotional connotation are more easily remembered than stimuli with a more neutral connotation. The scientific community has expanded this theory by manipulating a variety of variables, including participant age, time between encoding and retrieval, and “taboo” words in comparison to more neutral categories, to name a few. The current study seeks to expand upon the previous findings by examining emotional and neutral facial stimuli while manipulating the age of the stimulus face. To do this, participants were shown 10 photos in each of the following categories: young …