Digital Commons Network^™

ปัญหาและอุปสรรคของการบังคับใช้พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท พ.ศ. 2562ในชั้นการสอบสวนคดีอาญา: กรณีศึกษากองบัญชาการตำรวจนครบาล, วิชญ์ภาส กตัญญูทิตา

Chulalongkorn University Theses and Dissertations (Chula ETD)

การวิจัยนี้มีวัตถุประสงค์เพื่อวิเคราะห์สาเหตุของปัญหา อุปสรรค และข้อขัดข้องในการบังคับใช้พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท พ.ศ. 2562 ในชั้นการสอบสวนของพนักงานสอบสวนในสังกัดกองบัญชาการตำรวจนครบาล โดยมุ่งเน้นศึกษาบริบทของกรุงเทพมหานคร ผู้วิจัยเลือกใช้วิธีการวิจัยเชิงคุณภาพโดยค้นคว้าข้อมูลเชิงเอกสาร และการสัมภาษณ์แบบกึ่งโครงสร้าง ซึ่งเป็นเก็บข้อมูลจากผู้ให้ข้อมูลสำคัญจำนวน 4 กลุ่ม ได้แก่ พนักงานสอบสวนที่มีประสบการณ์ในการปฏิบัติงานในกองบัญชาการตำรวจนครบาล ผู้ไกล่เกลี่ยที่มีหน้าที่ไกล่เกลี่ยในคดีอาญา พนักงานอัยการ และคณะกรรมาธิการร่างพระราชบัญญัติการไกล่เกลี่ยข้อพิพาท พ.ศ. 2562 ผลการวิจัยพบว่า ถึงแม้พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท พ.ศ. 2562 มีเจตนารมณ์ในการลดภาระของระบบยุติธรรม ลดปริมาณคดีที่เข้าสู่ศาล และลดจำนวนผู้ต้องขังในเรือนจำ แต่ปัญหาที่พบคือพนักงานสอบสวนกลับไม่นำมาใช้จริงในทางปฏิบัติ เนื่องจากกระบวนการมีความซับซ้อนมากกว่าการดำเนินคดีโดยทั่วไป พนักงานสอบสวนขาดแรงจูงใจในการปฏิบัติโดยไม่ได้รับค่าตอบแทนจากการดำเนินสำนวนการไกล่เกลี่ย อีกทั้งประชาชนยังขาดความเข้าใจเกี่ยวกับกระบวนการไกล่เกลี่ยข้อพิพาท ซึ่งส่งผลให้พวกเขาไม่ยินยอมเข้าสู่กระบวนการไกล่เกลี่ยข้อพิพาท ดังนั้นสำนักงานตำรวจแห่งชาติจึงควรแก้ไขปัญหาโดยการให้ความรู้ประชาชน เพิ่มค่าตอบแทนให้กับพนักงานสอบสวน และจัดให้มีผู้ช่วยพนักงานสอบสวนเพื่อช่วยดำเนินการแทนพนักงานสอบสวน เพื่อเพิ่มประสิทธิภาพการทำงานและอันจะเป็นประโยชน์ต่อประชาชนต่อไป

Fair Cross Section And Tribal Jury Composition: Vawa 2022 Tribal Criminal Jurisdiction Series, Paula Hannaford-Agor, Steve Aycock

Faculty Publications

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) amended the Indian Civil Rights Act (ICRA) to ensure that non-Indian criminal defendants in Tribal courts have the right to a trial by an impartial jury that is drawn from sources that 1) “reflect a fair cross section of the community” and 2) “do not systematically exclude any distinctive group in the community, including non-Indians.” This requirement applies when a non-Indian who is criminally prosecuted in Tribal court faces possible imprisonment.

The implementation of these jury provisions has been a topic of discussion among the Inter-Tribal Working Group on Special …

Transitional Justice And Human Rights, Ruti G. Teitel, Valeria Vegh Weis

Articles & Chapters

No abstract provided.

Their Futures, So Full Of Dread: How Barefoot's Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger, Moana Houde-Camirand

Articles & Chapters

Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court, in Barefoot v. Estelle (463 U.S. 880 (1983)), a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant, ruled that such testimony as to future dangerousness – testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society -- was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court had ruled in Barefoot that it was not constitutional error for psychiatrists to testify …

The Impact Of Recreational Cannabinoid Legalization On Utilization In A Pregnant Population, Jacob Torres, Colton Miller, Michael Apostol, Jessica Gross, Jessie R. Maxwell

Pediatrics Research and Scholarship

BACKGROUND: Marijuana potency and utilization both continue to increase across the United States. While the overall prevalence of cannabinoid utilization during pregnancy has been surveyed in various studies, the direct impact of changing governmental policies on pregnancy use is less characterized. Thus, we aimed to investigate how the legalization of recreational cannabinoid products impacted use during pregnancy in the state of New Mexico.

METHODS: Participants who had a live birth during two study epochs were included: pre-legalization (Epoch 1: 1 January 2019-31 March 2021) and post-legalization (Epoch 2: 1 November 2021-30 November 2022). Participants were further divided into case group …

The Joyful Prosecutor: A More Empathetic And Balanced Approach, Reid, Melanie

Santa Clara Law Review

Over the years, prosecutors have been criticized for exhibiting aggressive, competitive traits while negotiating plea deals, investigating and preparing cases for trial, or arguing for their positions before, during, and after trial. Prosecutors are asked to interact with others in a highly adversarial criminal justice system on a daily basis on top of working in a highly competitive environment back in their own offices. This environment makes it difficult for a prosecutor to see the opposing party through a more compassionate lens. However, rather than continually focusing on how “bad” prosecutors can be and how to punish their misconduct, this …

Defining And Evaluating Quality In Early Childhood Education, Abigail Jacob, Anna Nayyir, Vaughn Nebbitt, Nate Terrell

MPA/MPP/MPFM Capstone Projects

Quality early childhood education is essential to ensure that children grow into well-adjusted, healthy, and happy adults. Early childhood is considered a child’s first five years before kindergarten, and nearly 90% of brain development occurs in these five short years (Brain Development, n.d.). According to the Kentucky Governor’s Office of Early Childhood, preschool attendance decreases the likelihood that the child will drop out of high school, be held back a grade, or be placed in special education (Importance of Early, n.d.). Not only does early childhood education benefit the child, but it can also positively influence society. Early childhood education …

Racial Disparities In Plea Bargaining: An Examination Of Coercive Dynamics In The Negotiation Process, Naszya Iman Heidi Bradshaw

Scripps Senior Theses

This research addresses the enduring concerns about the ethical and legal intricacies of coercion in plea bargaining within the U.S. criminal justice system, with a focus on its correlation with racial disparities. This study acknowledges an existing research gap in comprehending the subtle dynamics of coercion and its differential impact on Black and Latin individuals. By employing the Cumulative Disadvantage Theory and Dual Processing Theory, the research aims to investigate the differential susceptibility to coercion during plea bargaining among individuals from Black and Latin communities compared to their white counterparts. Variables such as the severity of criminal charges, the quality …

No Monsanto: Exploring The Prosecution Of Companies For Environmental Crimes Under The Federal Insecticide, Fungicide, And Rodenticide Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

University of San Francisco Law Review

No abstract provided.

The Childhood Sexual Assault Pandemic: California Must Do Better, Monica Chinchilla

University of San Francisco Law Review

No abstract provided.

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

Celebrating WCL Student Authors

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …

The Effect Of Early Intervention On Reducing Recidivism, Claire Meyer

Williams Honors College, Honors Research Projects

The current punishment-based system has not led to promising recidivism rates showing the lack of effect it has on changing behavior. By working to understand the effect interventions can have on reducing recidivism, society can improve the criminal justice system. The intention of this paper is to show the benefits of moving to a system focused on rehabilitation instead of punishment, specifically for juvenile offenders. By conducting a literature review of available research, it can be seen that an incarceration-based system is not as effective as the implementation of intervention and prevention methods can be. Cognitive behavioral therapy and community-based …

The Midwest Feminist Papers: A Facsimile Edition 1980–1997. Part I (1980–1983), Mary Jo Deegan, Michael R. Hill

Zea E-Books Collection

Mary Jo Deegan and Michael R. Hill, compilers. The Midwest Feminist Papers: A Facsimile Edition 1980–1997, with prefaces and author indices by Mary Jo Deegan and Michael R. Hill. 3 volumes: Part I (1980–1983)

The Midwest Feminist Papers was a creative, group-generated initiative that gave voice to the scholarly questions, research interests, and social concerns of a growing cohort of Midwestern feminist sociology graduate students and their feminist faculty mentors during the last quarter of the Twentieth Century. They were active members of Midwest Sociologists for Women in Society, a regional expression of the larger national Sociologists for Women …

The Seven Elements Of Dispute Systems Design, Lisa K. Dicker, Neil Mcgaraghan

Faculty Publications

In this article, clinical instructors at the Harvard Law School Dispute Systems Design (“DSD”) Clinic propose adapting an old analytical framework — The Seven Elements of Interest-Based Negotiation — for a new context, dispute systems design (“DSD”). A relatively young field, DSD is the “applied art and science of designing the means to prevent, manage, and resolve streams of disputes or conflict.” DSD can feel broad and opaque to newcomers and thus is in need of a foundational framework, especially for beginners. The Seven Elements of DSD — alternatives, interests, options, criteria, communication, relationship, and commitment — can serve a …

Distorted Narratives In The Treatment Program Complex, Evelyn Lia Malavé

Faculty Publications

Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants’ involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the “treatment program complex” have tended to focus on how it harms defendants by exposing them to higher levels of incarceration if they fail to complete court mandates. But these critiques have failed to account for another way the treatment program complex harms defendants: by suppressing their voices regarding what kind of help they need and how they are affected by …

A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline Mala Corbin

Articles

A majority of state legislatures have introduced bills prohibiting public schools from teaching certain "divisive concepts" attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.

After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …

African American Adolescent Suicidality And Prevention From An Urban School Counselor Perspective, Shannon Franklin

Master's Theses and Doctoral Dissertations

African American adolescent suicidality has become more prevalent, and urban school counselors are positioned uniquely to intervene. This research studied the overarching societal factors in the sociocultural, economic, and political spheres that influence increased suicidality behaviors in African American adolescents from the perspective of urban school counselors. The focus of this research was to hear the lived experiences of urban school counselors regarding the impact of racial discrimination on African American adolescent suicidality. The two theoretical frameworks that were used to support this study are the world-systems analysis theory and critical race theory. This study took a qualitative phenomenological approach …

They're Just Not Ready Yet: A Developmental Argument For Abolishing Juvenile Transfer, Taylor Gerry

Research Papers

The purpose of this paper is to examine and identify the core issues of juvenile transfer laws, arguing for abolishment. This paper utilizes a comprehensive overview of the literature on juvenile transfer laws to explain the history of the juvenile justice system and provide an overview of juvenile transfer laws and their core issues. The justification for the use of juvenile transfer is based on the idea that they will deter individual juvenile offenders along with those that may become juvenile offenders in the future, and because of that deterrence, juvenile transfer laws are said to reduce recidivism rates. In …

Editorial, Manhar Bansal

Socio-Legal Review

No abstract provided.

The Meaning And Challenges Of An Interdisciplinary Sentencing Exercise: Reflections From A Death Penalty Mitigation Practice, Anup Surendranath, Maitreyi Misra

Socio-Legal Review

Due to the death penalty sentencing framework’s requirement of taking into account the context of the individual accused who is to be punished, the Supreme Court of India has characterised death penalty sentencing as socio-legal in nature. In this paper, we consider the tensions that have emerged when the legal is forced to interact with the social—when death penalty sentencing law, legal practice, and process has to account for perspectives from the social sciences. One of the mechanisms through which the law conducts this socio-legal examination at the stage of sentencing is mitigation. Mitigation is an exercise by the defence …

Postscript, Kalyani Ramnath

Socio-Legal Review

As the earliest Editor’s Notes for the Socio-Legal Review (‘SLR’ or ‘Review’) recorded, SLR was established in 2005 with the help of a publication grant from the UK-based Modern Law Review (‘MLR’), and the support of Professors Tim Murphy and later Martin Loughlin of the London School of Economics. A chance encounter that some students had with Professor Tim Murphy, at the time the General Editor for MLR and founding Editorial Board member for the UK-based journal Law and Critique, at an academic conference at the National Law School of India University, Bengaluru (‘NLSIU’) led to active discussions around what …

Exploring The Habits And Perceptions Of True Crime Podcast Listeners, Remy Heinen

Electronic Theses and Dissertations

Although podcasts as a whole are growing in popularity, the true crime genre of podcasts continues to be especially popular, particularly with female listeners. The unique intersection of informational and entertainment goals associated with true crime podcasts raises ethical questions about how these priorities should be balanced. This study focused on learning more about listeners’ motivations, habits, and perceptions via an online survey. Additionally, it explored the gendered nature of true crime podcast consumption. A total of N = 657 participants completed the survey providing information about why they listen to true crime podcasts, how often they listen, and how …

Moderation In Online Incel Forums: A Comparison Of Warning Behaviors, Katherine Elizabeth Norris

Electronic Theses and Dissertations

Incels constitute an online community characterized by shared negative perspectives concerning masculinity, women, and societal norms. Platforms such as Twitter and Reddit have implemented content moderation measures aimed at curtailing the dissemination of incels' ideologies, which often promote violence and suicidal ideation. To observe the influence of content moderation on incel discourse, this study examined posts from two distinct incel forums: one subject to moderation and another without such restrictions. Employing thematic analysis, common themes within the posts were identified, and the occurrence of negative language was quantitatively assessed. Findings revealed that the moderated forum exhibited a higher prevalence of …

Creating A Caring, Accountable, Respectable, And Engaging Environment (2care2): An Applied Research Study To Address Chronic Absenteeism, Eula Anderson

Electronic Theses and Dissertations

In this study, I will explore some of the root causes behind middle school students' failure to attend class. Data shows that students are labeled chronically absent when they miss more than 10% of a school year, regardless of the absences- expelled, unexcused, or suspended. According to the U.S. Department of Education, about seven million students were labeled chronically absent in the 2015-16 school year, equating to roughly one out of every six students across the United States being absent for 15 or more days. The problem exists nationwide; however, it is more prominent in urban areas with low socioeconomic …

North Ms Foodrx Farm-To-Farmacy: A Home Delivery Local Food Prescription Model, Cameron De'cal Brown

Electronic Theses and Dissertations

This portfolio presents a comprehensive overview of my contributions and involvement in the Farm-to-Farmacy (FTF) program model. Farm-to-Farmacy is an extension of the FoodRx program which aims to address food insecurity in rural parts of North Mississippi. This program was inspired by the 2019 FoodRx program in the Mississippi Delta that assisted in delivering fresh produce to the doorsteps of the elderly and homebound. Farm-to-Farmacy incorporates a unique approach by soliciting the support of local farmers which assists in sustainability for a program of this stature but also supports community engagement and involvement. The Farm-to-Farmacy program relies on local farmers …

Advancing Diversity, Equity, And Inclusion: A Graduate Portfolio On Lebonheur Children's Hospital Initiatives, James Lee Hawkins

Electronic Theses and Dissertations

In every facet of life, diversity finds a way to play a role. By advocating for, acknowledging, and drawing attention to the disparities that emerge within the various spaces people may encounter, we consciously strive to bridge the gap, aiming for a future that is more equitable and inclusive. Diversity, equity, and inclusion (DEI) have not only become personal moral imperatives but also essential pillars at the forefront for companies, healthcare, educational institutions, and businesses alike.

Understanding And Adressing Elder Abuse In Contemporary Society, Olivia Nash

Williams Honors College, Honors Research Projects

The purpose of this paper is to spread awareness of what Elder Abuse is. Although we have all heard of it, do we truly know what it is. This piece explains what elder abuse is, focusing on the different types of abuse, why it is a growing problem today, and what we can look for to prevent these issues.

The Importance Of Gender Diversity On Police Culture, Haley Vasko

Williams Honors College, Honors Research Projects

This paper outlines the problem of historical underrepresentation of women in the police force and its potential impact on police culture, effectiveness, and community relations. This paper aims to investigate the importance of gender diversity within law enforcement.

The research framed the context of organizational behavior and diversity management, exploring how gender diversity affects group dynamics, organizational culture, and policing. The literature review covered historical trends in gender diversity in policing, challenges faced by women in the profession, and the influence of gender diversity on police culture.

The methodology involved an extensive literature review, case studies from different regions, and …

The Impact Of State Legislative Activity On Judicial Independence, Alec Haas

Williams Honors College, Honors Research Projects

The role of judicial officials to release independent decisions remains a vital component to the very existence of the judicial branch. However, due to disagreement over various individual court’s interpretation of their respective state constitution, numerous state legislatures have begun to introduce bills that significantly weaken state judiciaries. Many of these bills have statutes that lower the burden for judicial impeachment, remove jurisdiction over subject matter, change the election system for judicial officials, reduce the resources of the court, and introduce politics into seemingly non-partisan matters. Influenced by the passage of bills that weaponize state legislatures against the courts, this …

Morality Vs. Mortality: The Ethics Of Physician-Assisted Death In The United States, Ashley Price

Williams Honors College, Honors Research Projects

According to the American Academy of Hospice and Palliative Medicine, physician-assisted death is defined as a physician providing, at the patient’s request, a prescription for a lethal dose of medication that the patient can self-administer by ingestion, with the explicit intention of ending life. This paper will examine the different perspectives on the prevalent issue revolving around the ethics and criminality of physician-assisted death and euthanasia in the medical field – a heavily debated topic since the concept was conceived. It will explore the history and controversy revolving around the practice using ethical, faith-based, and scientific perspectives relating respectively to …