Law Commons^™

The Unconstitutionality Of Underfunded Public Defender Systems, Braden Daniels

Senior Honors Theses

When a defendant is ineffectively represented by a public defender due to an underfunded public defender system, a defendant whose public defender provides him only cursory representation is entitled to a new trial only if blatantly innocent. The U.S. Supreme Court should follow its precedent and declare systemically underfunded public defender systems unconstitutional, with cases meriting reversal when the underfunding is to blame for unreasonable attorney errors, regardless of prejudice. This stems logically from the Court’s holdings in Gideon v. Wainwright, Strickland v. Washington, and United States v. Cronic. Many have argued for the reversal or modification …

Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey

Senior Honors Theses

This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …

Influencing Developmental Pathways: A Church-Based Prevention Program Of Youth Gang Involvement In Large U.S. Cities, Abigail Lokkesmoe

Senior Honors Theses

Youth gang involvement and resulting engagement in delinquent acts is a widespread societal problem in large cities across America, which affects the lives and well-being of hundreds of people every day. There are two main approaches to understanding the factors or causes behind this involvement. The risk-protective model holds that behavior is the result of the sum total of influences that risk factors have on increasing the likelihood of the behavior and protective factors have on decreasing the likelihood of the behavior. A number of risk factors exist for youth gang involvement, with the principal domains being individual, family, community, …

Aspects Of The Jury In Criminal Proceedings, Hannah Akers

Senior Honors Theses

Although a trial by jury happens in only a fraction of the total criminal cases, the jury is one of the most intriguing facets of criminal proceedings. This thesis intends to delve into the various aspects of the criminal jury’s history, formulation, and processes. The different areas included are jury selection, elimination of bias, the jury’s role in criminal trials, their deliberations, determining a verdict, and potential problems with the system that is currently in place. All trials can be expected to have foundational court procedures, readings of the law, opening statements and closing arguments, and testimonies, but it ultimately …

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

Qualitative Collective Case Study Of Targeted Violence Preparedness At Institutions Of Higher Education, Tim Gunter

Doctoral Dissertations and Projects

An increase in targeted violence incidents (TVIs), primarily active shooter events, at institutions of higher education (IHEs) has exposed gaps in campus security plan preparation and exercises. The purpose of this qualitative collective case study was to discover barriers to and best practices of universities and colleges conducting security preparedness activities for TVIs. The theory that guided this study was vested interest theory which predicts how attitudes will influence behavior in a commitment to preparedness fundamentals. The setting for this study was two institutions of higher education along the East Coast of the United States. Data collection techniques included site …

The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon

Senior Honors Theses

Terrorism and the threat of terrorist attacks have forced the United States to place a high priority on developing a comprehensive counterterrorism strategy. A crucial component of this overarching strategy focuses on targeting the finances of a terrorist organization, hoping to eliminate or stifle their sources of funding in an effort to render the organization incapable of launching successful operations due to an absence of funding. By analyzing the most common financing options that terrorist groups use, the United States can hone its ability to disrupt the funding operations for terrorist groups. Likewise, developing a method for tracking the laundering …

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …

Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn

Senior Honors Theses

This thesis reviews the recent history of gun-related violence on college campuses in relation to gun control laws and argues whether college campuses should allow students and teachers with Carrying a Concealed Weapon permits to carry these weapons on campus, or if such a policy would merely exacerbate the issue at hand. The purpose of this thesis is to show that such a policy is effective, safe, and overall a benefit to the campus atmosphere and experience. Important points considered include the legal history of carrying concealed weapons, the current policies of universities concerning students carrying concealed weapons, the opinions …

Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian

Faculty Publications and Presentations

PREDATORS AND PROPENSITY: THE PROPER APPROACH FOR DETERMINING THE ADMISSIBILITY OF PRIOR BAD ACTS EVIDENCE IN CHILD SEXUAL ABUSE PROSECUTIONS

Basyle J. Tchividjian†

Abstract

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test …

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …

Facing Ethics In Criminal Justice Through A Christian Worldview, Jordan K. Kopko

Senior Honors Theses

The purpose of this thesis is to express the need for young men and women in law enforcement to endure ethical dilemmas through a Christian worldview. Ethical dilemmas and moral struggles in the criminal justice field are described in detail throughout the thesis. In the decision-making process during an ethical dilemma, an officer with a Christian worldview should make better decisions with the added guidance from the Holy Spirit. This thesis delves into the different aspects of ethics including reasons why some police officers make immoral decisions. The ethical issues in criminal justice have been a problem in law enforcement …

Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala

Faculty Publications and Presentations

The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …

When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth

Faculty Publications and Presentations

In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …

Domestic Violence: The Use Of Pro-Arrest Policies And Mandatory Prosecutions, Amy L. Beck

Senior Honors Theses

Domestic violence is a crime that affects millions of American families. Traditionally,
domestic violence was recognized by the general population and the courts as being a
private issue that should be handled within the boundaries of the family. Law
enforcement and the judicial system played a minimal role and generally maintained a
hands off policy in relation to domestic violence cases. Adding to this mentality of
privacy, the Fourth Amendment to the Constitution prohibits entering a residence without
probable cause. The Minneapolis domestic violence experiment attempted to measure
which police response was most beneficial. In order to empower victims and …

Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert

Faculty Publications and Presentations

This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.

“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert

Faculty Publications and Presentations

The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.