Law Commons^™

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …

The Development Of Homicidal Behavior In Relation To Life-Course Theory, Rebekah Jensen

Regis University Student Publications (comprehensive collection)

This paper examines the role of life-course theory in order to explain the relationship between individuals developing violent behavior and committing murder. By incorporating evidence from case studies, documentaries, and various forms of criminological literature, I discuss how the development of violent behavior through exposure to risk factors increases the likelihood of developing homicidal behavior. In Chapter 1, I seek to establish this correlation by narrowing the risk factors down to three categories: antisocial behavior, low self-control, and normalization of violence. To further support this correlation, I utilize control theories and learning theories which focus on the development of homicidal …

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

MSU Graduate Theses

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found …

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic

Major Papers

Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …

Justice In The American Legal System: Challenges To The Confrontation Clause In Criminal Child Sexual Abuse Cases, Kelsey Savoy

Honors Theses

The following thesis will look at the original intent of the Founders when the Sixth Amendment was written. It will then examine the challenges presented to justice both substantively and procedurally in cases of criminal child sexual abuse specifically, including the challenges faced by victims forced to testify during trial long after the trial is over. After establishing these challenges, this thesis will then examine legal precedent set by the courts that illustrates how exceptions have been made to traditional courtroom procedures over time, such as exceptions to the hearsay rule and in-person testimony on the witness stand, to allow …

On The Intersections Of Childhood Maltreatment, Self-Control, And Behavioral Outcomes Across The Life-Course, Ameleigh Bippen

Honors Theses

Childhood abuse and neglect are highly deleterious experiences that a number of children continue to encounter. The purpose of the current discussion is to examine the impact of childhood abuse and neglect on the growth and development of self-control in early childhood. In service of this goal, several methods were employed, including a review of the historical and current research on the development of self-control. In addition to this, specific scientific theories and their advancements were analyzed to provide further insight into the connection between poor impulse regulation (and decision-making) and downstream linkages with criminal offending. Perhaps not surprisingly, evidence …

Defund The Police: Snappy Slogan Or A Viable Solution? A Case Study Of Savannah, Georgia, Michayla F. Knox

Honors College Theses

The notion of defunding the police remains a hot-button political topic since the protests of Summer 2020. The forefront of the debate concerns how defunding the police will impact crime rates. Still, the topic has scarcely been investigated empirically. This thesis provides an early examination into the relationship between "defunding the police", reallocating funding, and crime rates in Savannah, Ga. Several experiments are performed to answer three research questions that involve comparing and manipulating the budget provided for policing and the budgets for neighborhood vitality and poverty reduction. The findings show that Savannah allocates significantly more money to the policing …

Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods

Sociology and Criminology Undergraduate Honors Theses

Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear …

Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk

Graduate Theses and Dissertations

Terrorism has been on the mind of the American people and politicians alike since the 9/11 attacks over two decades ago. In the years since, there has been a massive shift in law enforcement priorities from community-oriented policing (COP) to homeland security-oriented policing. This was especially evident in the establishment of the Department of Homeland Security (DHS) shortly after the attacks on the World Trade Center and Pentagon in 2001, which was established to aid law enforcement entities with terrorism preparedness. While prior literature has addressed a variety of factors that have contributed to terrorism preparedness, very little research has …

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

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 …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

To Certify Or Not To Certify? A Proposed Graduate Course And Universal Certification For Forensic Expert Witnesses, Charolette Caron

Criminology Student Work

During a court proceeding, attorneys will oftentimes bring up evidence related to their case. Since attorneys are usually not an expert in the field of evidence that they are discussing, they will bring in an expert witness. Expert witnesses are asked “. . . to testify in court when complex or specialized knowledge, beyond that of the lay person, is needed to interpret the evidence” (Wilcox & NicDaeid, 2018, p. 100). Forensic expert witnesses and their testimony, especially, are becoming increasingly important regarding accuracy and delivery. It’s been found that juries tend to rely heavily on forensic evidence when reaching …

Indicators Of Deception: Science Or Non-Science, Kristina Vasquez

Undergraduate Honors Theses

Deception detection is used by many law enforcement professionals who work in interviews and interrogations. The ability to detect deception or having knowledge on the signs of deception is very important in not only law enforcement, but in other careers and everyday life. The question remains: is deception detection a science or not a science? There are three areas where someone can learn how to detect deception and those are verbal communication, non-verbal communication, and paralanguage. The use of verbal communication looks at what the person is saying with their words. The use of non-verbal communication looks at what someone …

Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight

Theses and Dissertations (Comprehensive)

In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

Access Denied: A Socio-Legal Exploration Of Access To Justice In Nigerian Wrongful Conviction Cases, Chinyere Obinna

Electronic Theses and Dissertations

Research has shown that notwithstanding the substantive and procedural laws that protect the rights of criminal defendants in Nigeria, the criminal justice system has often failed to uphold its commitment of justice to these individuals, resulting in wrongful convictions. Wrongful convictions undermine the integrity and effectiveness of the criminal justice system and result in devastating consequences on wrongfully convicted individuals. Though the reality of wrongful conviction is established in Nigeria, research on the problem is scarce. Besides, much of the available literature focuses on the legal causes of wrongful convictions without considering the broader social context. This thesis seeks to …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell

UNLV Theses, Dissertations, Professional Papers, and Capstones

There has been an average of approximately 3.9 death penalty exonerations annually in the United States since 1973 (DPIC, 2021). Wrongful convictions and executions constitute grave and irreversible errors. Studies show official misconduct is one of the leading causes for wrongful convictions and exonerations. Misconduct by police, prosecutors, and judges includes a wide range of behaviors such as coercing confessions, depriving rights to legal counsel, threatening witnesses, and concealing evidence. Operating under the due process model, the adversarial legal system is designed to detect and prevent any procedural violations of defendant’s rights, including official misconduct. Utilizing Packer’s (1964) due process …

Courageous Endurance: The Lived Experiences Of Trans Folx And The Criminal Legal System, April Carrillo

Sociology & Criminal Justice Theses & Dissertations

The field of criminology and criminal justice have widely ignored the experience of being a trans person and interacting with the criminal legal system, despite the reality that trans folx experience discrimination and harm at the hands of criminal legal practitioners. This dissertation explores these experiences, as well as how trans folx navigate a myriad of other issues to include their identity and institutional discrimination. Trans folx are not guaranteed many protections or rights in the United States which leaves them at an especially vulnerable position when entering the criminal legal system. Essentially, trans folx are forced to navigate a …

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …

Through A Lens Of Therapeutic Jurisprudence: A Case Study Of The Children’S Court Drug Court In Perth, Suzanne Ellis

Theses: Doctorates and Masters

The Children’s Court Drug Court (CCDC) has operated for 20 years in Perth as an alternative Court for drug-using young offenders who present at the Children’s Court. Despite the CCDC’s relative longevity, researchers have examined neither the inner workings of the Court nor the experiences of its actors. The current study aimed, not to evaluate the CCDC, but to identify measures needed to refine CCDC processes to enhance the experiences and outcomes of young people who participate in the CCDC. It argues that despite the CCDC’s foundations in contentious therapeutic jurisprudence principles, on balance, the actors – young people, their …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon

Dissertations, Theses, and Capstone Projects

Rigorous academic research into prosecutorial and judicial decision making has been taking place for over three decades, but a great deal remains unknown about the mechanics of prosecution. A majority of the work done by prosecutors occurs outside of public view, and most research focuses on the ‘back end’ of the adjudication process, leaving unanalyzed numerous decision points made upstream of the final plea and sentencing outcomes. Using unique data from the New York County District Attorney’s Office that tracks 43,971 felony complaints, this research examines racial and ethnic disparity at multiple decision points during case processing, with a focus …

Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath

Master of Laws Research Papers Repository

Do the actions of parents in withholding medical treatment from their children due to religious influence show wanton or reckless disregard for the safety and lives of their children? This project investigates the morally and legally complicated issue of the influence of religious beliefs in criminal negligence cases. My MRP is animated by the idea that similar cases in the past have been treated with leniency and ought to be given stricter punishments.

I focus in particular on cases in which parents opt for alternative remedies or faith healing for ill children in ignorance or defiance of available medical treatments. …