Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino Dec 2021

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. …


Official Misconduct And Error Correction Mechanisms In Exonerated Death Penalty Cases, Kamali'ilani Theresa Elizabeth Wetherell May 2021

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 …


Public Perceptions Of Police Militarization: A Nuanced Understanding Of Public Support For Police Practices, Leobardo Lopez-Cristobal May 2020

Public Perceptions Of Police Militarization: A Nuanced Understanding Of Public Support For Police Practices, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, there has been heavily publicized incidents of police use of military weapons and tactics, which has raised concerns regarding the militarization of police. More famously, in 2014, Ferguson police utilized military weapons and tactics to quell the masses after the police shooting of Michael Brown incited protests and riots. Despite an overall decrease in incidents of police use of force and deadly shootings, individual dramatic events of police militarization paint a picture of a militarized police force. This coincides with an overall increase in military equipment transfers (e.g., weapons, vehicles) to police agencies in the United States. …


Attitudes Toward Marijuana Legalization: Temporal And Thematic Trends, Daniel James Krystosek May 2019

Attitudes Toward Marijuana Legalization: Temporal And Thematic Trends, Daniel James Krystosek

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation examines historical changes in marijuana legalization attitudes between 1974 – 2018, using a qualitative study of pro-legalization social movements in marijuana culture and quantitative analyses of measures from the General Social Survey (GSS). The main research question asks what themes have been prevalent in pro-legalization social movements (e.g., libertarianism, anti-establishment and anti-drug-war, medical/cancer patient advocacy, market incentives), how these themes have changed over the past several decades, and whether they connect to trends in legalization attitudes in the (GSS).

The first part of this study is qualitative, employing thematic content analysis of the most prominent national pro-marijuana publication. …


Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto May 2019

Beyond Suffrage: Intermarriage, Land, And Meanings Of Citizenship And Marital Naturalization/Expatriation In The United States, Shiori Yamamoto

UNLV Theses, Dissertations, Professional Papers, and Capstones

This dissertation investigates how the laws of marital naturalization/expatriation, namely the Citizenship Act of 1855, the Expatriation Act of 1907, and the Cable Act of 1922 and its amendments throughout the 1930s, impacted the lives of women who married foreigners, especially in the American West, and demonstrates how women directly and indirectly challenged the practice of marital naturalization/expatriation. Those laws demanded women who married foreigners take the nationality of their husbands depending on the race of women and their husbands, making married women’s citizenship dependent on that of their husbands. Particularly under the Expatriation Act of 1907, all American women …


A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya Aug 2014

A Qualitative Study Of The Perceived Health Care Needs Of Undocumented Latino Day Laborers Living In Las Vegas, Nevada, Siboney Zelaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

Undocumented (unauthorized, illegal) immigrants seek employment on the street corners near home improvement stores offering their services and selling their labor to the employers who arrive in their cars or trucks to pick them up for a few hours of hard work. The number of undocumented immigrants in the United States continues to increase. By percentage of overall population, Nevada has one of the largest shares of undocumented immigrants in the United States, and the bulk of that percentage is Latino.

The purpose of this phenomenological qualitative research study is to gain knowledge about undocumented Latino day laborers' perceived health …


Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen Aug 2014

Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen

UNLV Theses, Dissertations, Professional Papers, and Capstones

An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …


"I Got Shot Five Times And I Got Crucified To The Media": Tupac Amaru Shakur -- Moral Panic, Media Crucifixion And Resurrection, Lucas Jerome Combs May 2014

"I Got Shot Five Times And I Got Crucified To The Media": Tupac Amaru Shakur -- Moral Panic, Media Crucifixion And Resurrection, Lucas Jerome Combs

UNLV Theses, Dissertations, Professional Papers, and Capstones

This thesis looks at why the media had and continues to have a fascination with the late rap artist Tupac Amaru Shakur. A content analysis of coverage from twelve newspaper publications was used to better understand the nature of the coverage on Shakur. Analysis of coverage after Shakur's death determines the tone of coverage varied from the coverage when the rapper was alive. The concept of moral panic explains media attitude.


A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili Dec 2013

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …


Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev Aug 2013

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …


Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez May 2013

Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended team policing, which involves the decentralization of patrol officers and investigators to the same, defined geographical area, as a way to more effectively organize police officers and improve crime control. Despite initial enthusiasm from police officers and administrators, team policing quickly faded from use during the 1970s because its design was incompatible with the centralized model of policing prevalent at that time. However, the implementation of community-oriented policing, which promotes various organizational changes and the use of problem-focused strategies, has changed police departments in recent years and …


Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino May 2013

Driving Forces: Factors Affecting Police Officer Injuries In Motor Vehicle Incidents In The United States, Carol Servino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Traffic-related incidents were the leading cause of fatal injuries to officers in 14 of 15 years between 1997 and 2012. Vehicle crashes occur at the individual officer level, but chiefs are responsible for agency performance, creating and implementing police policy, and developing organizational culture. This quantitative survey research study draws from organizational culture theory and asks chiefs in state, county, and city police organizations what they believe are salient factors in crashes causing injuries and death to police officers in the United States. Independent variables include safety belt laws, written driving policies (including communication technology commonly used in police vehicles), …


Formal, Bounded, And "Hyper" Rationality In Police Processing Of Sexual Assualt Claims: Case Dispositions And Ucr Reporting, Brooke M. Wagner May 2012

Formal, Bounded, And "Hyper" Rationality In Police Processing Of Sexual Assualt Claims: Case Dispositions And Ucr Reporting, Brooke M. Wagner

UNLV Theses, Dissertations, Professional Papers, and Capstones

Over the past three decades, many scholars have examined the prevalence, consequences, and official sanctions of sexual violence. The following study builds on past research by quantitatively examining police and crime analyst discretion in sexual assault claims. Using recently accessed data from the Las Vegas Metropolitan Police Department from 2008 through 2010 and utilizing labeling theory, rape myth literature, and the theoretical perspectives of justice processing outcomes, I assess the extent to which police officers and crime analysts are influenced by extralegal variables like victim and offender's race, victim's age, the location of assault, incident characteristics, and victim's background. I …


Jackpot! A Legal History Of Indian Gaming In California, Aaron Peardon May 2011

Jackpot! A Legal History Of Indian Gaming In California, Aaron Peardon

UNLV Theses, Dissertations, Professional Papers, and Capstones

Indian Gaming has transformed the economic, political, and sociological landscape of California. The growth of Indian casinos has had a profound impact on both Indian and non-Indian communities alike. California tribes took the lead in legalizing Indian Gaming throughout the nation. The efforts of California tribes in the legislative and political process have enabled many tribal groups to rise out of poverty and to gain prosperity that would otherwise be impossible to achieve. They have also brought increased revenue to local communities and have provided thousands of jobs to all Californians.

This thesis discusses the historical relationships between Native American …


Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez Dec 2010

Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez

UNLV Theses, Dissertations, Professional Papers, and Capstones

I analyze how Las Vegas attorneys represent themselves, their associates and clients in televised law firm commercials. I use attorney commercials as a case to explore cultural beliefs in media representations. Using an inductive method, I analyze the textual, visual, and aural symbols that appear most frequently in television commercials to interpret how law firm advertisements convey themes of attorney expertise, knowledge, ethnic and gender stereotyping. I introduce this study with a historical evaluation of the rise of advertisement in the United States. I continue discussing how the media is an important realm of discourse that affects people's identity. Using …


Sex, Drug Courts, And Recidivism, Doria Nour Dandan May 2010

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the drug court …


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane Apr 2010

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …


An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley Apr 2010

An Examination Of The Relationship Between The Hypersexual Environment Of Las Vegas And Forcible Rape, Lisa Ann Dooley

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine whether rates of forcible rape in Nevada are high, possibly a side effect of living in a hypersexual city. The study will explore whether these rates compare to other cities of the same size that are tourism focused and whether rates of forcible rapes are higher in counties without prostitution than with prostitution. This paper will also consider rates of sexual victimization among undergraduate students at the University of Nevada, Las Vegas, University of British Columbia, and Simon Fraser University. Lastly, the study will consider whether the hypersexual nature of the city …


Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii Apr 2010

Adjustment To Correctional Confinement: Investigating The Correlates Of Violence And Disorder In A Jail Environment, Fred W. Meyer Iii

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study examines the individual- and institutional-level variables that are correlated with violence and disorder within a jail facility. Previous research indicates that deviant behavior is one of the main challenges that negatively impacts the safe and effective management of correctional facilities. While many studies have been conducted on prison populations, few studies have focused upon jail populations. Using official institutional data, this study explores the factors associated with general infractions and violent misconduct among a stratified random sample of inmates (n=447) incarcerated during a one year period in a large county jail facility. The logistic regression and conjunctive analyses …


Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus May 2009

Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the impact of drug court participation among moderate and high risk offenders. While studies have found that intensive programs, such as drug courts, are more effective when focusing their services on high risk offenders, few studies have examined the relationship between offender risk and drug court effectiveness. Using the Level of Service Inventory-Revised (LSI-R) as a measure of offender risk, the study employed a quasi-experimental design to compare outcomes of drug court participants (n=228) and a matched sample of probationers (n=252). The analyses showed that drug court participants had lower rates of …


An Assessment Of Proposed Sex Offender Mobility And Residency Restrictions In Nevada, Samantha Dawn Beecher May 2009

An Assessment Of Proposed Sex Offender Mobility And Residency Restrictions In Nevada, Samantha Dawn Beecher

UNLV Theses, Dissertations, Professional Papers, and Capstones

This research explores the impact of sex offender exclusion zones and residency restrictions proposed by Nevada Senate Bill 471. This law would prohibit sex offenders from being within 500 feet of places where children congregate and living within 1,000 feet of these places. Analyses conducted using Geographic Information Systems demonstrate the degree to which offender mobility, housing, employment, and access to social services may be restricted should the law be adopted and enforced. Data are also used to assess the potential impact of the law on victimization patterns. Policy implications, data limitations, and suggestions for future research are discussed.


Targeting Youth—Hit Or Miss? Juvenile Certification In Clark County, Nevada Examined, Brittnie Turquoise Watkins May 2009

Targeting Youth—Hit Or Miss? Juvenile Certification In Clark County, Nevada Examined, Brittnie Turquoise Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

Juvenile certification is the method by which a juvenile may be removed from juvenile court jurisdiction and placed in the adult criminal court jurisdiction. In many cases, juvenile courts exercise judicial certifications, in which a judge determines if the case will be heard in juvenile or adult court. Many factors influence a judge's determination of certification outcomes. Legal factors include dangerousness, amenability, and maturity of the youth. Extra-legal factors include race and sex. Although judges are believed to be impartial, prior research has found that these bias factors may influence outcomes. This study assesses what factors are influential in one …


Gray Zones Of Modern Genocide, Megan Dale Lee May 2009

Gray Zones Of Modern Genocide, Megan Dale Lee

UNLV Theses, Dissertations, Professional Papers, and Capstones

Italian-Jewish chemist and Holocaust survivor Primo Levi wrote in his work The Drowned and the Saved about the "Gray Zone," or holding place for all things difficult to categorize about his experiences in the Nazi camp Auschwitz. Because human tendency is to divide things in a rigid dichotomy, he argued, anything without a set role is brushed aside. I have extended this Gray Zone to include mutually shared situations from modern genocide including: the relationship of race/land to genocide, the "Forced Victim-Perpetrator" (victim forced to commit atrocities against his or her own people), and the complex international reaction to genocidal …


A Validation Study Of Risk Management Systems, Bridget Kelly Jan 2009

A Validation Study Of Risk Management Systems, Bridget Kelly

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the predictive validity of Risk Management Systems (RMS) as a risk assessment instrument. To date, a published validation study does not exist for the RMS. The study employs secondary data analysis to examine the predictive validity of RMS recidivism and violence scores on three outcomes: arrest, unsuccessful termination from supervision, and technical violations. The study sample consisted of 830 probationers from the United States Probation Office, District of Nevada. The analyses showed that RMS recidivism and violence scores were moderately predictive of all three outcomes.


Optimization Of The Microprecipitation Procedure For Nuclear Forensics Applications, Lyndsey Renee Kelly Jan 2009

Optimization Of The Microprecipitation Procedure For Nuclear Forensics Applications, Lyndsey Renee Kelly

UNLV Theses, Dissertations, Professional Papers, and Capstones

Microprecipitation has become one of the most widely used sample preparation techniques for alpha spectroscopy. Many factors during the precipitation process can affect the yield and energy resolution by adding unwanted mass to the sample. Current applications in nuclear forensics call for an optimization of energy resolution and yield in order to improve identification and quantify specific radionuclides. The purpose of this research is to determine the optimal parameters used for microprecipitation. The optimal solution temperature, precipitation time, carrier amount, and hydrofluoric acid amount are used to investigate the influence of varying the type of carrier, as well as, the …