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Criminal Law

2022

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Theses/Dissertations

Rhetoric

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Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter May 2022

Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter

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This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …


Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves May 2022

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

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Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …