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Chapter 49 - Post-Sentencing: Motion For Reduction Of Sentence; Appeal And Postconviction Proceedings; Probation And Parole Revocation Proceedings, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In many jurisdictions, the trial judge is permitted to entertain a motion for reduction of sentence during a specified period after the sentence has been pronounced. This Manual is intended as an aid in representing clients in the criminal trial process; post-judgment proceedings are beyond its purview. The purpose of this section is merely to identify the principal corrective procedures that are available to a defendant following conviction and sentencing to obtain appellate or collateral review of the conviction and/or sentence.

Table Of Cases And Other Authorities, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

References are to section numbers.

Chapter 48 - Sentencing, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In most jurisdictions, statutes or court rules authorize – and in some jurisdictions they require – a presentence investigation following conviction of some or all offenders. The investigation is ordered by the judge either on the court’s own initiative or upon application of either party after a verdict or finding of guilt or a plea of guilty. It is performed by an agency of the court, usually the probation department. Probation officers, ordinarily professionally trained in social work, interview the defendant and the defendant’s family, neighbors, employers, teachers, and minister. They collect the defendant’s previous court, juvenile court, prison, school, …

Pride And Portrayal: The Effects Of Gender Identity And Generational Cohort On Lgbtq+ Perceptions Of Media Coverage, Dang H. Le

Communication Theses - Archive

Public debates over LGBTQ+ issues have intensified in the United States in recent years, placing news media at the center of conflicts over representation, fairness, and credibility. While a substantial body of research has analyzed how LGBTQ+ people are portrayed in news coverage, far less attention has been paid to how LGBTQ+ audiences themselves evaluate that coverage. Understanding these perceptions is increasingly important as declining trust in journalism intersects with political polarization and ongoing policy debates surrounding LGBTQ+ rights. This study examines how generational cohorts and gender identity shape LGBTQ+ audiences’ perceptions of news coverage quality, perceived media hostility, and …

The Role Of Parenting In Mitigating Epigenetic Cardiometabolic Risk In Predominantly Latino Preschoolers, Adamari López

Open Access Master's Theses

Background: Childhood obesity is a highly prevalent public health concern with significant consequences for health and development across the lifespan. Risk is disproportionately elevated among children from marginalized racial and ethnic groups and socioeconomically disadvantaged backgrounds, highlighting persistent disparities in long-term health outcomes. Epigenomic mechanisms, including DNA methylation (DNAm), have emerged as a promising approach for understanding the biological embedding of metabolic risk; however, prior research has largely emphasized deficit-based models, with limited attention to protective family-level factors. The present study examined whether participation in a positive parenting intervention was associated with epigenetic cardiometabolic risk among preschool-aged children. Methods …

“For Rescuing His Horse”: An Anthrozoological Approach To Dissent In Seventeenth-Century New England, Richard Mcgee

Open Access Master's Theses

The seventeenth-century colonization of New England entailed varying social, political, economic, cultural, and religious processes that were driven by and impacted several peoples. However, the presence of animals is undermentioned. This thesis forms an animal history of seventeenth-century New England, explains how different peoples understood human-animal relations, and evaluates how human-animal connectivity impacted how people conceptualized and conducted settler-colonialism. This thesis especially interrogates why some Puritan colonists limited different understandings of human-animal relations in the 1600s, namely from Indigenous Peoples, Quakers, and dissenting colonists deemed criminals. This thesis proposes that some Puritans restricted different concepts of human-animal relations because those …

Exploratory Investigation Of Greenhouse Gas Emissions In A Natural And Restored Salt Marsh, Sophia Motta

Open Access Master's Theses

Coastal wetlands are typically considered greenhouse sinks, specifically playing an important role in the global carbon cycle (Chmura et al., 2003), but new studies have pointed to anthropogenic interference leading to the understanding that altered tidal salt marshes may also be producers of methane to the atmosphere, contributing to the greenhouse effect. Hydrologic alteration including due to sea level rise (SLR), peat subsidence, impounded water, and decreased accretion rate disruption can have negative effects on marsh biochemistry leading to potential changes in electron acceptor availability, redox gradient shifts, and microbial community structure within the environment. This research is intended to …

Ensemble Dependence Of Mechanical Relaxation In Molecular Dynamics Simulation, Mason E. Hyde

Open Access Master's Theses

This thesis investigates whether the selection of thermodynamic ensemble introduces quantifiable differences in the stress relaxation modulus G(t), storage modulus G”(w), loss modulus G”(w), and phase angle d(w) computed from equilibrium molecular dynamics simulations of the AAA-1 asphalt model. A 72-molecule, 12-component representation of AAA-1 bitumen was simulated under three ensembles (NPT, NVT, and NVE) at three temperatures (400.15 K, 443.15 K, and 533.15 K) with three independent replications at each condition, yielding 27 total simulations. Stress autocorrelation functions were computed from each production trajectory and Fourier-transformed to obtain frequency-dependent rheological properties.

The computed properties …

Kinematic And Muscle Activity Differences During Dual Task Cutting In Ncaa Soccer Players, Abigail Mccarthy

Open Access Master's Theses

Lateral ankle sprains (LAS) are one of the most common musculoskeletal injuries in collegiate soccer, but also in the world. Professional soccer observes a prevalence of around 10-18 percent (Walden et al., 2013). The United States alone reports up to 2 million acute ankle sprains annually (Herzog et al, 2019). LAS ranked top 3 in types of injuries within collegiate soccer with hamstring tears and concussions (Chandran et al., 2021). Around 40 percent of people who experience a lateral ankle sprain will experience chronic ankle instability, and since spraining ankle once at a greater risk now for spraining ankle again. …

Data Improved Models Applied To Essential Oceanographic Processes In Rhode Island Coastal Waters, Ainsley Fruhwirth

Open Access Master's Theses

The Ocean State Ocean Model (OSOM), funded and developed through the National Science Foundation’s (NSF) Established Program to Stimulate Competitive Research (EPSCoR), was designed to simulate the physical dynamics of Rhode Island’s estuaries and shelf waters. However, the model struggled to capture key features of summer circulation in Rhode Island Sound (RIS), most notably the westward flowing coastal current and vertical stratification profile found in May through September. Significant errors in modeled lateral and vertical density gradients indicated that the thermohaline structure, physical mixing parameters, and forcing inputs required comprehensive revision. Using historical datasets from the National Oceanic and Atmospheric …

Noninvasive Optical Assessment Of Tissue Hemodynamics In Preterm Infants And Mastectomy Skin Flaps, Samaneh Rabienia Haratbar

Theses and Dissertations--Biomedical Engineering

Adequate tissue blood flow and oxygenation are essential for maintaining cellular viability and normal organ function. Disruptions in microvascular perfusion and oxygen delivery contribute to ischemia- and hypoxia-related diseases, including stroke, cancer, retinopathy of prematurity (ROP), and mastectomy skin flap necrosis. Reliable, noninvasive approaches for assessing tissue hemodynamics are therefore critical for improving diagnosis and therapeutic decision-making, particularly in settings where conventional methods are limited. This dissertation investigates the clinical and physiological importance of measuring tissue blood flow and oxygenation across neonatal and surgical applications using both clinical monitoring and advanced optical imaging techniques. In the first study, high-speed pulse …

Evaluating Training Effectiveness And Learning Transfer In The Kentucky Transportation Cabinet Safety Academy, Amanda L. Casolare

Theses and Dissertations--Civil Engineering

Effective evaluation of safety training is crucial to ensure that learning translates into safe work practices, particularly in high-risk public sector environments. The Kentucky Transportation Cabinet (KYTC) is developing a Safety Academy to enhance hazard recognition, risk management, and safety leadership within the organization. However, the Safety Academy has not yet been implemented, and formal evaluation methods for training have not been established. This study aimed to examine evidence-based training evaluation techniques and develop recommendations for evaluating the KYTC Safety Academy prior to program implementation.

This study employed an applied pre-implementation research design grounded in a comprehensive review of safety …

Mental Health And Help-Seeking In Engineering Education: Beliefs, Norms, And Intervention Pathways For Undergraduate Students, Matthew D. Whitwer

Theses and Dissertations--Chemical and Materials Engineering

Engineering education is at a critical juncture where supporting student mental health is essential for fostering persistence, equity, and the development of a resilient and innovative workforce. While engineering students experience high levels of distress and low rates of mental health treatment seeking (known as a mental health treatment gap), there is a gap in knowledge around how this compares to that of students in other fields of study. Further, while efforts have been made to improve the mental health treatment gap in engineering, they are limited by a lack of actionable, theory-based targets. Therefore, this dissertation aims to characterize …

A Specification-Driven Framework For Self-Supervised Learning In Specialized Vision Domains, Mahmut S. Gokmen

Theses and Dissertations--Computer Science

Self-supervised learning (SSL) has emerged as a principled approach to visual representation learning that derives supervisory signal directly from unlabeled data, enabling foundation models to be trained at scale without manual annotation. Deployments in medical imaging and biometric recognition have demonstrated the potential of this paradigm, yet the assumptions that make SSL effective on natural image benchmarks fail systematically in specialized domains. Generic SSL pipelines encode a tacit assumption that the most informative correspondence is spatial proximity within a single acquisition. In specialized domains this assumption breaks at the level of the data-generating process: the signal that carries domain-specific information …

The Ache Of Modernism: Death, Affect, And Intersubjectivity In Twentieth-Century American Literature, Alex Gergely

Theses and Dissertations--English

This dissertation suggests that we can locate, describe, and experience death as an aesthetic mood called the ache of modernism. The ache is an atmosphere found in twentieth-century literature that goes beyond simply “positive” or “negative” feeling and encourages audiences to come to an affective and existential relationship with their mortality. As an intersubjective mood deriving from an attunement on death, it illuminates the historical and philosophical moment of many twentieth-century authors while clarifying their texts’ continued resonance today. This project therefore draws on the thought of major philosophers like Emmanuel Levinas, Martin Buber, Gabriel Marcel, Maurice Merleau-Ponty, Heidegger, …

In The Flesh, Isabella Mason

Theses and Dissertations--English

IN THE FLESH is a nonfiction collection by Bell McEntire Mason, in which she illustrates a life dominated by the corporeal, embodied, and incarnate experience of physicality. Consisting primarily of personal essay, lyric essay, and flash nonfiction, the collection follows a journey of bodily understanding and acceptance that braids itself with the author’s life experiences, ranging from battles with mental health and physical illness to tender and painful relationships with family to looming acknowledgement of a body’s temporary status.

Other Eyes: The Dilemma Of Authorship And Autobiography In Sylvia Plath, John Ashbery, And Cristina García, Kevin J.B. O'Connor

Theses and Dissertations--English

This dissertation analyzes authorship in contemporary American literature, harnessing the writings—prose and poetry—of Sylvia Plath, John Ashbery, and Cristina García to challenge traditional classification and periodization schema. Hewing to the notion of authorship as a dilemma—a simultaneity of forces pressing upon the author, demanding a response—each chapter unravels critical moments of authorial expression that continually inscribe the importance of praxis and futurity. Comprehending authorship as a relational dilemma to be brooked, and indeed, overcome in a panoply of gestures, frees it theoretically from the perils of prior models by drawing attention to authorship’s agential and multi-modal aspects. Melding archival research …

Shakespeare’S Martyrs And The Poetics Of Transformation, Robert Keim

Theses and Dissertations--English

At the beginning of William Shakespeare’s career as a playwright, England’s most widely read book, after the Bible, was Acts and Monuments of These Latter and Perilous Days, commonly known as John Foxe’s Book of Martyrs. Foxe’s martyrological literature, along with the inherently theatrical nature of martyrdom itself, helped the lives and deaths of Reformation martyrs to assume a prominent place in England’s literary consciousness. Shakespeare was not immune to their influential presence, and though overt representations of martyrdom were too controversial for the popular stage, he did enrich his plays by endowing certain characters—through imagery, allusive diction, …

Sylvia Plath, Ted Hughes, And The Question Of The “True” Ariel: Complicating Binaries In Plath’S Literary Legacy, Jacob C. Quinn

Theses and Dissertations--English

This thesis aims to complicate common binaries that have defined critical responses to Sylvia Plath’s Ariel since its first publication in 1965, and which emerged as the result of her husband Ted Hughes’ alterations to her original selection and arrangement of poems. Hughes’ editing emphasizes a narrative which ends in bleak fatality, whereas Plath’s original narrative concludes on a note of bittersweet hope. I read Hughes’ choice of ending as highly influential on Plath’s reception and legacy. The tone of her immediate reception, largely shaped by Al Alvarez, characterized Plath as an “extremist” poet whose work should be read through …

Clinical Test Cases For Commissioning, Qa, And Benchmarking Of Model-Based Dose Calculation Algorithms In 1⁹2ir Hdr Gynecologic Tandem And Ring Brachytherapy, Vasiliki Peppa, Maude Robitaille, Fatemeh Akbari, Shirin Enger, Rowan Thomson, Firas Mourtada, Gabriel Fonseca

Department of Radiation Oncology Faculty Papers

PURPOSE: To develop clinically relevant test cases for commissioning Model-Based Dose Calculation Algorithms (MBDCAs) for ¹⁹²Ir High Dose Rate (HDR) gynecologic brachytherapy following the workflow proposed by the TG-186 report and the WGDCAB report 372.

ACQUISITION AND VALIDATION METHODS: Two cervical cancer intracavitary HDR brachytherapy models were developed based on a real patient, using either uniformly structured regions or realistic segmentation. The patient's computed tomography (CT) images were processed, converted to a series of digital imaging and communications in medicine (DICOM) CT images, and imported into two treatment planning systems (TPSs), the Oncentra Brachy and BrachyVision. The original segmentation …

Role Of Estrogen Receptor Alpha In Modulating The Circadian System In Female Mice, Victoria Alvord

Theses and Dissertations--Biology

Circadian rhythms are approximately 24-hour cycles of physiology and behavior. Circadian rhythms of eating, or meal timing, are linked to cardiometabolic dysfunction in humans. Mistimed eating, such as breakfast skipping and eating late at night, increases the risk of obesity, diabetes, and cardiovascular disease in humans. Likewise, disrupted eating rhythms cause obesity in mice. This dissertation investigates how estrogens regulate eating behavior rhythms and tissue clock timing in female mice. Chapter 1 reviews three key components critical to this work. The first is an overview of the field of chronobiology and the function of the circadian system. The second is …

Entre Irse Y Quedarse: Sociolinguistic Effects Of The H-2a Program In The U.S. And Mexico, Hayden D. Holman

Theses and Dissertations--Hispanic Studies

This dissertation examines stabilized circular migration as a distinct sociolinguistic condition through a study of Mexican participants in the U.S. H-2A temporary agricultural worker program. Whereas much migration scholarship presumes linear settlement and cumulative immersion, the H-2A program institutionalizes repeated cycles of departure and return between specific origin and destination communities. This patterned mobility produces recurrent immersion in an English-dominant environment followed by re-centering in a Spanish-dominant community, creating conditions of cyclical activation and recalibration of linguistic repertoires.

The study investigates two interrelated questions: (1) how sustained participation in stabilized circular mobility shapes participants’ spoken repertoires, contact-induced features, and language …

Visual Genealogies Of Disability In Mexican Visual Culture, Daniela Calvache Garcia

Theses and Dissertations--Hispanic Studies

Disability in Mexico is a visually constructed category, shaped by a long genealogy of representation in which images of bodily difference actively participate in defining power and the management of all bodies. The discursive forces that define disability as unproductivity reduce body-minds to the service of the economic system, affecting our relationship with death, illness, reproduction, size, youth, and beauty. Across the Mesoamerican visual space, such representations have long unsettled dominant systems of truth about bodies. This dissertation examines how conceptions of disability are produced, negotiated, and reimagined through three historical moments and cultural expressions: Pre-Hispanic Mayan imagery, Mexican colonial …

Inverse Problems For The Radiative Transport Equation In Local And Non-Convex Geometries, Faith E. Hensley

Theses and Dissertations--Mathematics

Inverse problems for the radiative transport equation (RTE) arise in a wide range of imaging applications, including optical tomography and problems motivated by non-line-of-sight imaging. Classical reconstruction methods rely heavily on ballistic, or unscattered, photons and typically require full boundary access, leading to severe instability and limited applicability in geometrically constrained settings. This dissertation investigates inverse radiative transport problems with restricted boundary data and develops reconstruction techniques based on scattered photons. The central focus of this work is the analysis and isolation of the single-collision term in the collision expansion of solutions to the RTE. By exploiting its distinct analytical …

Local Energy Decay For Non-Stationary Damped Wave Operators, Nicholas Dj Arsenault

Theses and Dissertations--Mathematics

This work establishes integrated local energy decay (ILED) estimates for the damped wave equation on certain non-stationary spacetimes. The main technical result is a high frequency estimate that holds in great generality, provided that null geodesics trapped in a compact region are sufficiently damped. This is combined with low- and medium-frequency estimates to establish full local energy decay. We conclude by providing a counterexample where the damping assumption fails and local energy decay does not hold.

The Rhesus Macaque Model Of Mycobacterium Avium Infection Reveals That Age-Related Disease Is Due In Part To Chronic Inflammation And Lung Microbial Dysbiosis, Ethan G. Napier

Theses and Dissertations--Microbiology, Immunology, and Molecular Genetics

Aging is associated with dysregulated immunity and increased susceptibility to infection, a phenomenon dubbed as immunosenescence and characterized by reduced naïve T and B cell pools, altered innate immune function, and chronic low-grade inflammation. Nontuberculous mycobacterial (NTM) pulmonary disease (NTMPD) is an increasingly relevant chronic lung infection that disproportionately affects older adults (65+ years) and immunocompromised individuals. However, the host factors underlying increased disease severity in aged patients remain poorly defined. Literature suggests that effective control of NTM relies on coordinated innate and adaptive immune responses, particularly macrophage activation and Th1 cytokine signaling. Using a rhesus macaque model that closely …

Metabolism As A Regulator Of Sleep And Cortical Activity In Health And Alzheimer’S Disease, Nicholas J. Constantino

Theses and Dissertations--Neuroscience

Metabolic flexibility is essential for maintaining normal physiological function, enabling an organism to sense, flux, utilize, and switch fuel sources in response to changing energetic availability, demand, and cellular needs. Energetic demands are state-dependent, with wake and sleep exhibiting distinct metabolic profiles. Sleep is highly sensitive to changes in metabolism and requires metabolic flexibility to both transition into and maintain sleep stability. Alzheimer’s disease (AD) is increasingly recognized as a disease of altered metabolism yet is often framed as a disease of energetic failure. We instead define AD as a disease of metabolic inflexibility, characterized not by insufficient energy availability, …

Beyond The Veil: Critical Black Kantianism And The Ethics Of Structural (In)Visibility, Paradise A. Stanford

Theses and Dissertations--Philosophy

This dissertation develops what I call Critical Black Kantianism, a reconstructive approach to Kantian moral philosophy that centers race, recognition, and the structural conditions under which moral agency is formed. While Kantian ethics typically presumes idealized agents operating within just social contexts, this project argues that such abstraction obscures how racial domination actively shapes autonomy, dignity, and self-consciousness. Drawing on W.E.B. Du Bois’ account of double consciousness, Black feminist thought, and contemporary theories of recognition, I show that moral agency is not merely exercised within social environments but is constituted through them—often under conditions of misrecognition that fracture autonomy.

Against …

Design And Advancement Of Analytical Frameworks For In Vivo Single-Photon Calcium Imaging To Characterize Temporal- And Treatment-Dependent Neural Adaptations To Opioid Exposure And Withdrawal In The Medial Prefrontal Cortex, Alexia R. Alsum Dr.

Theses and Dissertations--Pharmacy

Despite the availability of several approved medications for opioid use disorder (OUD), it remains a significant public health concern characterized by persistent neurobiological adaptations that drive relapse and impede successful recovery. The medial prefrontal cortex (mPFC), a region critical for executive control and decision-making, undergoes pronounced functional changes during chronic opioid exposure and withdrawal, yet the cellular mechanisms underlying these adaptations remain poorly understood. This dissertation aims to investigate longitudinal alterations in mPFC neural activity across opioid exposure and withdrawal using in vivo single-photon calcium imaging and newly developed computational frameworks.

Following standard preprocessing to extract and normalize calcium traces, …

Linking S‑Pillar Empirical Criteria With Boundary And Finite Element Models For Underground Stone Pillar Analysis, Benjamin Diddle

Theses and Dissertations--Mining Engineering

The objective of this thesis is to strengthen the relationship between empirically based stone pillar design methods and two numerical modeling techniques by calibrating boundary element and finite element models to the S‑Pillar empirical criteria and observed pillar behavior in underground stone mines. The first component of the research investigates the displacement‑discontinuity boundary element method implemented in LaModel, quantifying the influence of the lamination thickness and element size on stone pillar safety factor predictions. Results showed that optimal thickness depends on overburden modulus, while larger element sizes introduce significant SF differences from S-Pillar values once the grid size exceeds 5 …