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Articles 1 - 6 of 6
Full-Text Articles in Law
An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein
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
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 …
Criminal Specialization In The Criminal Justice Context, Shi Yan
Criminal Specialization In The Criminal Justice Context, Shi Yan
Legacy Theses & Dissertations (2009 - 2024)
The dissertation consists of two studies. Study 1 examines how criminal specialization predicts the sentencing outcomes. Theories of sentencing have pointed out the association between the sentence and the assessment of the defendant’s risk and culpability, and one of the most important indicators of an individual’s risk is his or her criminal records. Most quantitative studies of sentencing today take criminal records into consideration by controlling for the number of prior criminal justice contacts, and overlook the nature of the prior crimes. The concept criminal specialization refers to the tendency for an individual to repeat the same or a set …
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
Legacy Theses & Dissertations (2009 - 2024)
Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …
When Is Hacking Ethical?, Sharif Rezazadehsaber
When Is Hacking Ethical?, Sharif Rezazadehsaber
Legacy Theses & Dissertations (2009 - 2024)
This thesis examines situations in which computer hacking might be considered ethical. It addresses fundamental questions regarding the motivation and consequences of ethical hacking. The paper is organized into three sections. The first section discusses the history of hackers, classifies them according to their motivational background. The second part of the paper comprehensively describes the features of the ethical or “white hat” hacker group, and explores the positive and negative behaviors of ethical hackers in relation to their ethical principles. In the final section of the paper, I discuss hacktivist groups, their unique ideologies, and the risks they face, including …
Receptivity Of Capital Jurors To Mitigating Factors Of Mental Illness, Intellectual Disability, And Situational Impairments In Death Penalty Decisions : The Capital Trial Analyzed As A Mitigating "Weight And Counterweight" To Premature Decisions And Pro-Death Bias, Leona Deborah Jochnowitz
Legacy Theses & Dissertations (2009 - 2024)
This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in capital sentencing decisions. The study examined types of mental factors, as well as the gender of defendants, the aggravating nature of the crime and victim vulnerability. An exploratory cross-tabulation analysis evaluated the percentages and relationships between juror closed-ended CJP survey responses to mental sentencing factors and mental evidence presented at trial for 38 cases. While the sample size was too small in some cells for significance testing, the percentages demonstrated patterns. A detailed qualitative analysis of 12 cases with strong evidence of mental …