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Full-Text Articles in Law

Covering The Indigent Defendant System, Francis J. Difiore Dec 2020

Covering The Indigent Defendant System, Francis J. Difiore

Capstones

I chose the indigent defense system in New York City as my focus community for social journalism, particularly the attorneys who work in this system and the clients they represent. I conducted interviews and outreach with working public defenders and assigned counsel in the Bronx and Manhattan, and wrote stories for a self-started online publication known as "Public Defense Informer."


https://public-defense-informer.glitch.me/


In New York’S Prison System, Who Is Eligible For A Second Chance?, Jackie Harris Dec 2020

In New York’S Prison System, Who Is Eligible For A Second Chance?, Jackie Harris

Capstones

Robert "Bobby" Ehrenberg is 61 years old, and he is serving a 50 years to life sentence at Sullivan Correctional Facility for murdering Silvio Goldberg, a jewelry store owner, in 1992. After decades of "self-examination, education, and rehabilitative programs," Ehrenberg applied for clemency in 2020. In the audio portion, we hear who he was before incarceration and what factors led up to the murder he committed. The other multimedia display the clemency application components, incarceration population data and upcoming state legislation that could impact Ehrenberg’s sentence.


Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama Nov 2020

Corruption In The Maritime Industry : Manifestations And The Possibilities To Address It By Educational Measures, Karlson Chitata Sama

World Maritime University Dissertations

No abstract provided.


Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood Oct 2020

Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood

LLM Theses

The retributive justification of Canadian criminal law contains several assumptions about human nature that conflicts with what neuroscience has established regarding human behavior and the function of rationality. Interdisciplinary discourse on this conflict between law and neuroscience has unnecessarily implicated the free will debate and is further stagnated by epistemic cultural differences between the two disciplines. To avoid these roadblocks, this thesis applies the methodological principles of pragmatic philosophy. Rather than asking which description of human nature is true, pragmatic inquiry focuses on the difference either would make in practice. This analysis reveals that retributive folk psychology in practice causes …


Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin Noelle August Jul 2020

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin Noelle August

Dissertations and Theses

Juveniles have a lower comprehension of their Miranda rights than adults, and in turn, are more likely to waive those rights and cooperate during an interrogation. Some states require youths to consult with their parents before/during the interrogation; however, this involvement can be detrimental to the juvenile suspect. Recently, laws in California and Illinois have mandated that juveniles consult with a defense attorney prior to the interrogation, or that the attorney is present during the interrogation.

Through semi-structured interviews with 19 juvenile defense attorneys across the state of Oregon, I explored defense attorneys' perspectives on juveniles' legal decision-making in the …


Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty May 2020

Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty

Student Theses

Video-recorded eyewitness identification procedures can preserve an accurate record of the conditions under which the eyewitness made an identification. Scholars posit that having the record will allow legal actors to make better decisions on the basis of an identification. Yet limited research has examined how jurors’ judgments are influenced by this evidence. Research on other types of video-recorded evidence has demonstrated a strong camera perspective bias, wherein jurors’ judgments are influenced by the angle with which the evidence is recorded. This study examined whether the camera perspective bias similarly influences jurors’ perceptions of video-recorded identification procedures. Participants viewed a mock …


Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders May 2020

Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders

University of New Orleans Theses and Dissertations

Laws and institutions in the United States have consistently marginalized people of color throughout the country's history. This research examines the United States' criminal justice system while considering how the country’s past of oppression has resulted in a racially biased system. Through analysis of policies, literature, and quantitative data, the primary goal of this research is not only to exhibit that racial discrepancies exist within the criminal justice system, but also to question how they persist in order to determine a solution. By utilizing both qualitative data collected through existing social theory as well as quantitative data showing varying perceptions …


The Revolving Door Of Recidivism, Laura E. Bull Apr 2020

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …


Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq. Apr 2020

Domestic Violence: A Comparative Analysis Of Legal Statues In The United States (New York) And The Republic Of India (Mumbai), Lenard G. Gomes Esq.

Student Theses

Domestic violence has continued to be a major global issue effecting many if not all countries in the world. The form domestic violence can take varies from country to country. Laws protecting women from domestic violence also differs as a result This research examines how cultural differences impact domestic violence legislations in the United States and the Republic of India. India was chosen as a comparison jurisdiction because of differing demographics and possible variables in that country.

The primary data source for this study were the numerous enacted legislations pertaining to domestic violence that form the legislative landscape on domestic …


Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson Apr 2020

Interpretation And Implementation Of Duren V. Missouri (1978) And Batson V. Kentucky (1986) In Five States, John Lawson

Senior Theses and Projects

The U.S. Supreme Court decisions Duren v. Missouri (1979) and Batson v. Kentucky (1986) address under-representative venire drawing processes and discriminatory peremptory strikes during voir dire, respectively, to combat jury discrimination. In this thesis, I examine state level implementation of these two decisions in five states - Connecticut, Florida, Louisiana, Illinois, and Washington - to evaluate jury discrimination jurisprudence and recommend improvements at jurisprudential and policy levels. While state-level Duren and Batson jurisprudence remains woefully underdeveloped, recent developments such as Washington’s General Rule 37 and Connecticut’s Jury Selection Task Force could initiate a nationwide reform effort.


Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom Feb 2020

Investigations Of Fraud, Waste, Abuse, And Corruption In The Public Sector: A Survey Of Organizational And Software-Based Aids And Obstructions, Lawrence Kom

Dissertations, Theses, and Capstone Projects

Fraud, Waste, Abuse, and Corruption present significant challenges to the efficient use of public resources and stifle government service improvement by detracting from policy development and undercutting funding for important initiatives. The purpose of this study is to better understand the aids and impediments to investigations of these offenses and provide a generalizable definition for the mission of Inspectors General, the group tasked with monitoring and addressing these offenses. This study also sought to identify the material role of software in investigations of Fraud, Waste, Abuse, and Corruption. Through a purposive sampling, 18 Inspectors General from the federal, state, and …


Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor Jan 2020

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …


To Keep That Bond: Navigating Black Motherhood Under A Parental State, Anaisa T. Tenuta Jan 2020

To Keep That Bond: Navigating Black Motherhood Under A Parental State, Anaisa T. Tenuta

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College.