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 …

Providing Incarcerated Youth With A Community Of Their Peers, Providing Resources, And Modeling Healthy Attachment May Lead To Prosocial Behaviors, Emilee Brnusak

University Honors Theses

This thesis examines the connection between gang activity and attachment style. A summary of literature suggests that childhood attachment injuries lead to antisocial, maladaptive relationships and neurological changes that impact executive functioning and emotional regulation. These factors leave youth at higher risk of gang membership. This thesis then explores how an outreach experience at the MacLaren Youth Correctional Facility inspired a large-scale intervention called Resources for Attachment-injured Youth (RAY) that could be implemented in youth prisons across the country.

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

Observers' Perceptions Of Rapport In Accusatorial Interrogations, Gabriela Rico

Dissertations, Theses, and Capstone Projects

Rapport is widely regarded as a necessary precondition for interrogations and is thought to lay the foundation for the success of later interrogation techniques. In accusatorial contexts in which suspects are often resistant to disclose potentially self-incriminating information, rapport enables interrogators to gain the suspect’s trust, respect, and cooperation. Although the specific psychological mechanisms by which rapport achieves these effects are largely understudied, rapport-building techniques resemble principles of social influence (Goodman-Delahunty & Howes, 2014), specifically persuasion. Techniques such as establishing common ground, engaging in active listening, demonstrating empathy, and disclosing personal information may serve as impression management strategies, which allow …

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Examining The Usefulness Of Interprofessional Education (Ipe) For Legal, Social Work, & School Psychology Student Training To Support Justice Involved Youth, Mary Comis

Electronic Theses and Dissertations

The school-to-prison pipeline is defined as a set of policies that contribute to the removal of students from the school environment and into the justice system (Justice Policy Institute, 2011). These students have unique and complex needs that include educational needs, legal needs, and community needs; however, these students often lack the support necessary to assist them when navigating the complexities of the educational and legal system. As a result, the complexity of the challenges these students face can be provided through a holistic legal representation team, where a school psychologist, social worker, and lawyer, can coordinate their efforts to …

The Lived Experiences Of 911 Dispatchers With Compassion Fatigue: An Interpretive Phenomenology, Angela Johnson

Counseling & Human Services Theses & Dissertations

911 dispatchers are the “first” first responders in an emergency and play an intrinsic role in the public safety continuum. 911 dispatchers are exposed to daily and cumulative stress from the repeated empathic engagement of those they serve, and from shift work, staffing shortages, and inability to make mistakes. However, there is a dearth of peer reviewed literature on 911 dispatchers and compassion fatigue (CF). CF is described as the emotional and physical exhaustion experienced due to the constant exposure to the trauma of others. CF symptomology in 911 dispatchers has far reaching implications for not only the citizens …

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …

Examining The Role Of Evidence-Based Suspicion In Racial Disparities In Wrongful Convictions, Jacqueline Katzman

Dissertations, Theses, and Capstone Projects

There are clear racial disparities in the rates of wrongful convictions, with Black exonerees disproportionately represented among the population of those exonerated, in DNA and non-DNA exonerations alike (National Registry of Exonerations, 2022; Innocence Project, 2022). This racial disparity also exists for those exonerees who were wrongfully convicted, at least in part, because an eyewitness mistakenly identified them. For decades, when eyewitness scholars explored racial bias, they focused on the cross-race effect or own-race bias among eyewitnesses, a bias positing that witness performance suffers when a witness is asked to make an identification of a cross-race face (Lee & Penrod, …

An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane

Student Theses

In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …

Mental Distress Among Adults With Serious Mental Illness In A Criminal Legal Setting: A Secondary Data Analysis Of The Mcarthur Mental Health Court Study Data, Violette Cloud

Psychology ETDs

Chronic criminal legal system (CLS) involvement among individuals with serious mental illness (SMI) is of growing concern. Mental health courts (MHCs) are a known diversion strategy currently used by the CLS to address this problem. MHCs are seen as an effective method for linking individuals with SMI to needed treatment, removing them from a detention setting, and subsequently reducing recidivism. However, less is known about the impact of MHC enrollment on mental health related outcomes (mental distress). Using the McArthur Mental Health Court Study data, this study aimed to inspect the impact of MHC participation, legal coercion, and treatment motivation …

Juror's Perceptions Of Evidence-Based Suspicion, Nicholas Welter

Student Theses

Eyewitness misidentification is a leading cause of wrongful conviction. Although the prior probability of guilt (i.e., pre-identification evidence strength) is the most important factor for predicting a defendant’s actual guilt status and the accuracy of any subsequent eyewitness identification, no study has examined whether it affects juror decisions. This oversight is problematic because when officers place suspects in lineups when there is little evidence connecting them to the crime, it falls on jurors to examine the probative value of identification evidence. Participants (N = 357) watched a mock trial depicting an armed robbery that varied pre-identification evidence (strong vs. …

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe

Student Theses

In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …

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 …

The Effects Of Variations Of Victim Impact Statements On Juror Bias, Emily Sutton

Electronic Theses and Dissertations

Victim impact statements (VIS) are federally protected statements describing the physical, emotional, and financial impact of a crime on a victim. States can decide the content and timing of the VIS, resulting in much variation. Previous research has found an effect of these variations on mock juror bias in capital trials. The current study examined if variations such as changing the strength of emotion, crime type, and including sentencing recommendation within a VIS affects the judgements of mock jurors. The results showed the sexual assault VIS produced higher guilt ratings and longer sentences. Furthermore, the inclusion of a high sentencing …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

A Picture Worth A Thousand Words: Factors Influencing Disability Accommodations, Alicia E. Martin

Cal Poly Humboldt theses and projects

Because not all disabilities look the same it is difficult to label a person with disabilities just by looking at them. Given that our knowledge, attitudes, and perceptions impact how we interpret our world and our willingness to act, people, including professors, may be biased toward providing accommodations for those with easily recognizable disabilities and biased against those with non-recognizable disabilities, and this may impact the disabled person’s ability to learn. This thesis aims to address whether professors’ disability-related attitudes, perceptions of accommodation reasonableness, and willingness to provide accommodations differ when the disability is recognizable (student is pictured in a …

The Relationship Between Schizophrenia Spectrum Disorder And Criminal Responsibility, Taylor A. Chille

Psychology Doctoral Specialization Projects

This original contribution to practice explores the significance of schizophrenia spectrum disorder, one of the most severe psychiatric disorders recognized in the DSM-5. This condition affects over 50 million people worldwide and is amongst one of the most common psychiatric illnesses diagnosed in criminal responsibility evaluations to date. Nonetheless, there is limited comprehensive literature specifically examining the relationship between schizophrenia and the insanity defense. Information provided in this literature review aims to fill that gap and act as a resource for clinical forensic practitioners who may encounter related cases. Specifically, this document will begin by introducing schizophrenia spectrum disorder and …

The Lived Experiences Of 911 Telecommunicators: Life Outside Of The Call Center, Mary's Dariela Martinez

Theses and Dissertations

911 operators are tasked with solving the caller's problem by promptly and efficiently decoding a cry for help, collecting pertinent information, quickly deciding its priority level, and dispatching the appropriate assistance. These employees are responsible for what happens on that line, internalizing their problems to solve those of the callers, which often result in stress disorders, trauma, and personal, professional, and social issues. Their job duties are extensive, the responsibility is vast, and the overall environment can be overwhelming. Aside from the environmental stressors, the details of each critical incident leave the employee susceptible to various risk factors and other …

Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato

CMC Senior Theses

Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …

The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker

Scripps Senior Theses

American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …

Law Student’S Educational Experiences And Perceptions Of Legal Abuse, Kylie K. Mckittrick, Julie Olomi

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Legal abuse is a form of abuse when an intimate partner uses the court system to further coerce and control their victim. When survivors attempt to keep themselves and their children safe by leaving their abusive partner by using the criminal-legal system, they may be at risk of further abuse, such as legal abuse. More and more research has shown that legal abuse can have severe consequences for survivors such as losing custody of their children, mental health issues like PTSD and depression, costly court cases over the years, and having to stay in contact with their abuser for the …

Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia

Master's Theses

Though Central American asylum seekers are presently hypervisible in the U.S. consciousness, this population continues to be inadequately understood or cared for. Discussion of this population often presents them as a helpless and damaged population, in need of saving, fixing, or shelter -- beyond their trauma, they cease to exist. This qualitative study utilizes first-person testimonio methodology to understand the psychological experiences of Central American migrants seeking asylum in the United States, the stressors they face, and the mental health support that can and should be provided to them. Their stories speak to a space of sociopolitical precarity in the …

Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen

Theses/Capstones/Creative Projects

The maintenance of prosocial relationships has been strongly connected to criminal desistance among past offenders. The opinions held by the community shape the prejudice often encountered by those with a criminal record. To promote desistance, we must understand how criminals and their abilities are considered by the public. In this study, 69 college students were surveyed about the United States prison and parole system in conjunction with Dweck’s mindset theory. Along with explicit questions, an Implicit Associations Test (IAT) was employed to measure unconscious associations between mentality and punishment preference. The IAT revealed that traits of a growth mindset were …

Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters

Student Theses

Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …

Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu

Student Theses

This present study calls to question the objectivity of police body-worn camera (BWC) footage. Proponents assume that BWCs will be a panacea in a climate of heightened tensions between officers and communities. In spite of this, our findings challenge the rhetoric, and the purpose BWC is intended to serve. We explored its implications on memory distortion by posing two questions (a) can people come to remember BWC footage as more traumatic than they initially experienced (b) to what degree can external information and internal influences impact peoples' judgment about a traumatic event. We addressed both questions in this two-part study, …

Mental Illness Labeling In Justice-Involved People, Elena Therese Vaudreuil

Open Access Theses & Dissertations

While it cannot be denied that there is a strong correlational relationship between justice-involvement and mental illness, research has demonstrated that severe mental illness is rarely the direct cause of criminal activity. However, stigmatizing attitudes towards people with mental illness are often rooted in incorrect generalizations regarding the link between mental illness and unpredictable, dangerous behavior, which can be magnified by labels (e.g., "schizophrenic" or "criminal"). This reduction of a person to a label results in a number of negative outcomes, ranging from the prejudice and inequitable treatment one may experience from groups such as justice workers, police, and employers …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …