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2021

Portland State University

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Full-Text Articles in Law

Marijuana-Related Crime In Oregon Following Legalization Of Recreational Use, Ana Alicia Soto Jul 2021

Marijuana-Related Crime In Oregon Following Legalization Of Recreational Use, Ana Alicia Soto

Dissertations and Theses

In this decade we are seeing the legalization of recreational marijuana occurring across the nation, with new legislation being passed every year. This necessitates research into what works within the regulatory framework of states where MJ has been legalized. This study sets out to look at Oregon's implementation of recreational marijuana and its impact on marijuana-related offenses. Using NIBRS, we examine marijuana-related offenses across 13 counties with crime data from 41 agencies in Oregon from pre-legalization to post-legalization (2010 to 2019). This study uses elements of legalization, licenses, and production to analyze the association between these aspects and offenses that …


The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing Jul 2021

The Effective Opening: Nonviolent Movements And How They Can Help To Enforce International Law Pertaining To Human Rights, Emmalyn A. Dewing

University Honors Theses

This thesis paper will examine the following question: How can nonviolent movements create enough pressure on human rights-abusing powers so that the enforcement of international law pertaining to human rights is more viable? Through the lens of this question, the paper will argue that one of the most effective ways to fully enforce international law pertaining to human rights is through the success of nonviolent movements whose goals align with it. This paper will further briefly argue that these movements can be helped by the international community through external support in the form of training and advice. To support this …


The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos Jul 2021

The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos

University Honors Theses

There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …


An Economic And Political Lens Into The Lives Of Undocumented Migrant Female-Headed Households, Fátima V. Preciado Mendoza Jul 2021

An Economic And Political Lens Into The Lives Of Undocumented Migrant Female-Headed Households, Fátima V. Preciado Mendoza

University Honors Theses

Mexican undocumented women are essential in migrating in many households; they are often at the center of sustaining immigrant networks (Caroline B. Brettell 2015). The purpose of this study is to document, analyze, and report on the sociopolitical climate concerning the federal immigration detention and deportation pursued by the Trump regime and its effect on the mental health and financial well-being of undocumented migrant mothers working in Oregon. Throughout the interviewed data analysis process, the study examines the critical role women play in building community and navigating through multiple state social services and programs as a means of self-empowerment. This …


Judicial Review As An Instrument Of Natural Rights Theory: An Intellectual History, James M. Masnov Jun 2021

Judicial Review As An Instrument Of Natural Rights Theory: An Intellectual History, James M. Masnov

Dissertations and Theses

The unique and antidemocratic power of judicial review by the United States Supreme Court is not a bug, but a feature. Its role was critical in establishing and affirming a separation of powers horizontally among the federal branches as well as vertically between the federal government and the individual states. More than this, the Court's power of judicial review acts as an instrument of rights theory and is informed by a rich and rarely-discussed intellectual history. Though judicial review as a mode of constitutional law and the legal history surrounding it has been discussed by various legal scholars, political scientists, …


The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America's Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha Jun 2021

The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America's Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha

University Honors Theses

A comparison of the Elementary and Secondary Education Act (ESEA) of 1965 and the Improving America’s Schools Act (IASA) of 1994 within the time period they were written in, and contextualizing them historically to discuss their failures and successes. This thesis will examine how they were shaped on a national level by politicians and political activists to create a more equitable system so that funding was beneficial to all students. Education policy formed itself to funding and student achievement as achievement was what determined funding.


Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal Jun 2021

Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal

University Honors Theses

In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on …


Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez Jun 2021

Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez

University Honors Theses

For my thesis, I used a case study approach to analyze what we can learn about the Criminal justice system by exploring the life history of a juvenile offender. Research data was collected through an interview with a juvenile offender. Secondary sources such as literature review will also be examined to better understand the juvenile justice system. The interview will have several questions to better understand the life of the juvenile prior to them becoming part of the criminal justice system and also the question about life while in the youth correctional facility. Through those questions, I hope to better …


When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend Jun 2021

When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend

University Honors Theses

In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …


Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter Apr 2021

Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter

Phi Alpha Theta Pacific Northwest Regional Conference

After the degradation of union power throughout the McCarthy era, a new politics took hold among young Americans, and its academic roots and appeal to young leftists established the university as the new institutional mediator for left-wing radicalism in the 1960s, allowing college students to promote antiwar, civil rights, and civil liberties campaigns both on and off campus. Years before the major events that are tied to the New Left in American collective memory, however, Bay Area college students’ protests against the House Un-American Activities Commission garnered national media attention for their perceived radicalism in the face of the federal …


How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder Apr 2021

How Indigenous-Language Court Interpreters And Clients Navigate The U.S. Court System Under Strict Court-Interpreting Guidelines, Ashten Lehwalder

University Honors Theses

In Oregon, requests for court interpreters of languages indigenous to Latin America have increased within the last few years. However, the number of available indigenous-language court interpreters in the U.S. remains low. During the 2019 U.S.--Mexico Border Crisis, many refugees seeking asylum were from Mayan communities; indigenous-language court interpreters struggled to meet the demand. Even though court interpreting is a civil right in the U.S., many individuals have been afforded inadequate language services, or have gone without interpreters altogether. This study seeks to understand the experience of indigenous-language court interpreters, who must operate according to a code of ethics, through …


Influence Of The Federal Government On The Diffusion Of Victims' Rights State Constitutional Amendments, Vicki Rose Jeffries-Bilton Mar 2021

Influence Of The Federal Government On The Diffusion Of Victims' Rights State Constitutional Amendments, Vicki Rose Jeffries-Bilton

Dissertations and Theses

This dissertation examines the factors associated with the diffusion of state constitutional victims' rights amendments across the United States in the twenty-year period of 1982 to 2001 to understand the impact of the federal government on state constitutional change. Because each branch of the federal government took prominent actions in the area of victims' rights on the national policy stage during this era, it is important to know whether these actions influenced policy change at the state level. This dissertation examines whether one form of prominent federal action, the president's use of rhetoric to acknowledge support for victims' rights, influenced …


Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez Feb 2021

Discrimination Against People Of Color In America’S Cash Bail System, Dolores Yanez

University Honors Theses

The purpose of this thesis is to describe how the current bail system in America is discriminatory and unjust for people of color (POC). The American criminal justice system is represented as a system run by procedural justice, which entails government officials being genuinely concerned about the fairness and transparency of the process by which decisions are made. This presumes that every American will be treated with the same respect and dignity, and that they will be given the same opportunities regardless of their socioeconomic status, racial or ethnic backgrounds. America’s cash bail system and its impact on people of …