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Full-Text Articles in Law

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic Jan 2023

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 …


The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html, Maha Abu Maizer Jan 2023

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html, Maha Abu Maizer

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This is a semi-experimental study that aims at measuring the impact of CANVA on the learning of ninth graders in a Jordanian school of HTML. 50 female ninth graders were randomly selected from 72 students in Aisha Bint Abi Baker school, and were distributed to two groups; control, which was taught traditionally, and experimental, which was taught with CANVA to learn HTML as a part of their computer curriculum. The researcher used a set of 20 multiple choice questions to test their knowledge achievement and skills. After checking the validity and reliability of the test. The results showed that there …


An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb Dec 2022

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.


Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage Nov 2022

Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage

Student Published Works

Elements of perceived control are associated with recidivism in offender populations. We investigated the application of locus of control to the frequency of personal involvement with the law and to beliefs surrounding the likelihood of future contact with the legal system. We hypothesized that, as the number of sentencings or legal experiences increased, locus of control would externalize. We also predicted that increased legal involvement would lead to greater belief in the likelihood of future involvement. A statistically significant path model suggests that locus of control appears to be a predictor of increased criminality, as opposed to the other way …


The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller Aug 2022

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …


Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman Jul 2022

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.


Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster Jul 2022

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …


Regulating Harm: Tensions Between Data Privacy And Data Transparency, Kaitlyn Filip, Kat Albrecht Jul 2022

Regulating Harm: Tensions Between Data Privacy And Data Transparency, Kaitlyn Filip, Kat Albrecht

CJC Publications

In an era of massive digital data growth, data storage and dissemination has posed complex new problems for privacy regulations across agencies and institutions on a global scale. Laws about data privacy vary substantially by country, by state, and by industry. In formulating these policies, there exists a fundamental tension between a desire for data privacy and one for data transparency. This tension becomes particularly acute as new digital tools and access technologies have made these records more accessible and connectable than ever before. This tension is borne out in the enactment of law. Three states – California, Colorado, and …


Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw Jun 2022

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …


Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari May 2022

Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the degree of satisfaction of the elderly about the (social, health, entertainment, psychological) services provided to them in social care houses. The sample of the study includes all residents of the White Beds Association for the care of the elderly in Amman. The researcher designed a questionnaire to use in the interviews with the elderly. The questionnaire has four items, and each item includes a group of questions about the service provided to them. The researcher interviewed all the members of the White Beds Association, whose health condition allowed this, (75 elderly people: 44 men …


Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna May 2022

Reported Experiences With Plea Bargaining: A Theoretical Analysis Of The Legal Standard, Krystia Reed, Allison Franz, Vincent Calderon, Alisha Meschkow, Valerie F. Reyna

West Virginia Law Review

Although the majority of criminal cases in the United States are settled with plea bargains, very little empirical evidence exists to explain how defendants make life-altering plea bargain decisions. This Article first discusses the psychologicalfactors involved in plea bargaining decisions. Next, this Article empirically examines the factors involved in plea decisions of real-life defendants within the legal and psychological contexts. Finally, this Article highlights the psychological issues that need to be further examined in pleabargaining literature.


America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider May 2022

America: The World’S Police—How The Defund The Police Movement Frames An Analysis For Defunding The Military, Anya Kreider

The Scholar: St. Mary's Law Review on Race and Social Justice

In this article, the author examines the tenets of the Defund the Police movement and applies them to the American military to make the argument that not only should the police be defunded, but so should the American military. The purpose of this piece is to push the conversation regarding policing beyond American borders to examine American influence internationally. The article incorporates various Critical Race Theories to explore the intersection of policing and the military. The Defund the Police Movement also provides a framework for critiquing the American military because the American police and military are inextricably connected. Part I …


On The Intersections Of Childhood Maltreatment, Self-Control, And Behavioral Outcomes Across The Life-Course, Ameleigh Bippen May 2022

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 …


Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke May 2022

Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke

Faculty Scholarship at Penn Carey Law

The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …


Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack Apr 2022

Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack

School of Law Conferences, Lectures & Events

No abstract provided.


Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves Apr 2022

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …


Examining Legal Financial Obligations In Washington State, Bryan Lewis Apr 2022

Examining Legal Financial Obligations In Washington State, Bryan Lewis

PPPA Paper Prize

After criminal offenders are convicted of a crime, they must return to the court where a judge will determine their sentence. Sentencing often includes jail time, but it always includes monetary penalties, or Legal Financial Obligations (LFOs). There are many reasons these penalties are given, from restitution for the victims of criminal offenses, to providing government revenue and funding the court, to punishment for the offender. However, these fines, and the interest rates that come with them, often leave offenders with an enormous amount of debt. There are a lot of interests at stake when it comes to LFO sentencing …


Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos Apr 2022

Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos

Independent Study Project (ISP) Collection

Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …


The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow Apr 2022

The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow

The Mid-Southern Journal of Criminal Justice

There has been a specter haunting America for over 400 years. That specter is an insidious and destructive beast that has found its way into every crevice and layer of all American institutions. Racism, racial stereotypes, racial stigma, biases, and White supremacy has infiltrated every power structure since the foundation of America and has created a system of social control that has perpetually oppressed, marginalized, and disenfranchised generations of people of color. One of the most catastrophic by-products generated from America’s historic racist ideology has been that of the over-criminalization of people of color for drug crimes justified by discriminatory …


La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch Apr 2022

La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch

Independent Study Project (ISP) Collection

Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …


Reform In Name Only: The Difficulties Of Dismantling Mass Supervision In Pennsylvania, Srinidhi Ramakrishna Mar 2022

Reform In Name Only: The Difficulties Of Dismantling Mass Supervision In Pennsylvania, Srinidhi Ramakrishna

CUREJ - College Undergraduate Research Electronic Journal

Pennsylvania has one of the highest rates of people on probation in the United States. Probation reform legislation has repeatedly emerged in the Pennsylvania legislature since controversy arose in 2017 over rapper Meek Mill’s long probation sentence. However, probation reform initiatives that would reduce the use of probation in Pennsylvania have been obstructed or amended to actually increase its use and severity. To understand what makes achieving such probation reform difficult, this thesis analyzes three significant roadblocks – the phenomenon of devolution and the actions of two advocacy groups. This thesis is grounded in ten interviews conducted with key actors …


The Trouble With Time Served, Kimberly Ferzan Mar 2022

The Trouble With Time Served, Kimberly Ferzan

Faculty Scholarship at Penn Carey Law

Every jurisdiction in the United States gives criminal defendants “credit” against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, however, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting time …


Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto Mar 2022

Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto

National Youth Advocacy and Resilience Conference

We'll explore tangible ways to advocate for BIPOC students who've experienced educational disruptions. We’ll discuss the methods and model The Bars to Bridges Program uses to successfully transition justice involved youth into their academic settings and maintain engagement in education.


Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana, Fachrizal Afandi Mar 2022

Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana, Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …


Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale Mar 2022

Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This study describes tax evasion or fraud in the United States sex market. Prior to this study, scholars have recognized the problem of tax evasion in the commercial sex market as an obstacle to national revenue collection. Tax violation and fraud investigations also are ways to combat the illegal commercial sex industry. However, no studies have focused on the problem in the United States sex market. Hence, this study aims to describe tax evasion or fraud methods used by the criminals operating in the United States sex market. This study relies on both quantitative and qualitative methods to examine the …


Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz Feb 2022

Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz

Master of Arts in Criminal Justice Leadership

The United States prison system functions on a binary of male and female inmates. Transgender, non-binary, gender non-conforming, and intersex individuals challenge the limits of these systems and their policies. This paper addresses how to create policy for transgender individuals and what the policies should include. The best practice for creating policies involves basing them in solid ethics. Looking at different ethical theories will help solve ethical dilemmas involving housing, searching, and other policies for transgender and gender non-conforming inmates. To ensure that policies coincide with the law, an examination of case law provides the legal background for these policies. …


Internal And External Challenges To Culpability, Stephen J. Morse Jan 2022

Internal And External Challenges To Culpability, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …


Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter Jan 2022

Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter

St. Mary's Journal on Legal Malpractice & Ethics

When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …


Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia Jan 2022

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …