Criminal Law Commons^™

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Program: Senior Projects (Public)

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

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 …

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

"They Just Needed To Be Given The Opportunity": Judicial Perspectives Of Drug/Dui Courts In South Dakota, Ryleigh A. Christopherson

Honors Thesis

Drug/DUI courts have existed in the state of South Dakota since 2007 when the state became the last to implement a drug/DUI court program. Currently, South Dakota has 17 problem-solving courts which include drug, DUI, mental health, and veterans courts. The drug/DUI court model works to circumvent participants out of the criminal justice system by targeting the root cause of their criminal behavior. The role of the judge in this model is essential. Previous research has found that how participants view the quality of their interactions with the presiding judge is one of the most influential factors for their success …

Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds

Cybersecurity Undergraduate Research Showcase

The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.

Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …

Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry

SACAD: Scholarly Activities

Many experts agree that the juvenile justice system has flaws, resulting in the need for different modifications. One area of particular concern within the juvenile justice system is the involvement of LGBTQ+ youth. LGBTQ+ youth are grossly overrepresented in both the juvenile and adult systems, including those who are incarcerated. This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals (Buist, 2020; Donohue et al., 2021; Hereth & Bouris, 2020). This known pathway clearly depicts a systemic issue—one that warrants attention and remediation. This poster provides background information on the disparities that exist for LGBTQ+ youth …

School-To-Prison Pipeline, Samuel S. Honas, April Terry

SACAD: Scholarly Activities

Kindergarten through grade 12 schools are institutions where youth go to learn, grow, and sculpt their minds for their future. For some youth, schools do not present a warm and welcoming environment, and instead, respond in ways that create negative outcomes for certain youth. Factors like bullying, poor student-to-teacher interactions, and negative parental attachment can cause youth to have problems in school. Minority youth are also more likely to get in trouble in school for the same behaviors as their white counterparts. The school-to-prison pipeline is a pathway that begins in the school system that operates under the notion of …

The Efficacy Of The Legal Infrastructure Of Proportionality In Contemporary Armed Conflicts, Reed Caney

Independent Study Project (ISP) Collection

Proportionally in armed conflict is one of the key principles of international law, playing a crucial role in ensuring that both civilians are protected in armed conflict, but also that a military is able to accomplish its goals. This paper attempts to discern if the international legal infrastructure is well equipped to deal with proportionality in armed conflicts, especially in regard to contemporary armed conflicts. In an attempt to answer this question, this paper explores the existing legal infrastructure, looking at International Humanitarian Law as a moral system and International Criminal Law as the accompanying legal system to see how …

Global Strategies For Addressing Communication Disorders In Justice-Involved Youth, Sophia Martinez, Anne Marie Perrotti, Brooke Baker, Allison Chappell

Undergraduate Research Symposium

Throughout all stages of processing, most juveniles who encounter the justice system demonstrate cognitive-communicative difficulties (CCDs). Empirical evidence reveals that 19-22% of female and 28-38% of male youth offenders, culminating in approximately 50-60% of youth offenders, demonstrate language disorders that require intervention, but most have never received services (Snow et al., 2014; Winstanley et al., 2021). Speech-language pathologists (SLPs) are communication experts certified to assess and treat CCDs. While nations abroad recognize the value of SLP involvement in all stages of processing for justice-involved youth (JIY), America lags in utilizing SLPs to improve JIY outcomes and lower youth's risk of …

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

"Can I Get Some Harder Work?": Former Juvenile Offenders Narrated Educational Experiences In Juvenile Correctional Facilities, Deneil D. Christian, Joshua L. Adams, Carl M. Miedich

Qualitative Criminology (QC)

Adolescents in the juvenile justice system have a right to comparable education as their peers in public school settings. Interestingly, the existing literature indicates that this is not always the case. This study explored the experience of earning a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania. We framed our study within Bandura’s social cognitive theory. This study was guided by the following research question: How do former youth offenders describe their experiences obtaining a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania? This qualitative study employed a hermeneutic phenomenology research design. …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

Thoughts Beyond Stigma-Implications For Change Reflected In The Voices Of Previously Incarcerated Citizens, Amy Frankel, Elizabeth Depoy

Qualitative Criminology (QC)

State and federal prisons release more than six hundred thousand people annually, with nearly 95% of those returning to the communities in which they resided before incarceration, albeit frequently with discomfort and marginalization, largely due to stigma (Alexander, 2020, Park & Tietjen, 2021). Programs to foster reintegration exist in almost every locale, yet recidivism remains due to many factors. Stigma has received much attention as a cause of failure for successful reentry and acclimation (Park & Tietjen, 2021). With the surge of interest and empirical study of stigma as a barrier, the voices of returning citizens can further enhance significant …

I Had Nowhere To Go: Disenfranchised Grief And Support Groups For Families Of Incarcerated Individuals, Allegra Pocinki

Qualitative Criminology (QC)

Almost two million Americans are incarcerated in state and federal prisons, juvenile corrections facilities, and local jails. While many studies have examined the impact of mass incarceration on the daily lives of wives, female partners, and children, little is known about support groups for families of incarcerated loved ones. Throughout 2021, I conducted virtual interviews with 13 respondents across the United States who created support groups for families of incarcerated individuals or are executive leaders in these organizations. I find that support groups provide space for families to grieve without judgment, can help re-frame the grief experience and provide tools …

Guns On Campus: The Impact Of Campus Carry On Student Behavior And Emotions, Inara Ramazanova, Terressa Benz, Joseph Deangelis

Qualitative Criminology (QC)

Most research on campus carry uses a quantitative approach to measure attitudes towards campus carry policies, existing or pending. Using focus group data, this paper examines self-reported impacts on behavior and emotional responses to a three-year-old campus carry law at one university in the rural west. We explore whether guns on campus impacted student-reported behavior in the classroom or on campus. Student responses were entered into qualitative analysis software, where data was categorized according to themes. The two most prominent themes were that students reported no impact on their behavior on campus while also expressing anxiety over the lack of …

Pathways To Freedom: The Evolution Of The Parole Process For Youth Lifers In California, Laura S. Abrams, Kaylyn C. Canlione, Leah Ouellet, Audrey I. Melillo

Qualitative Criminology (QC)

This paper explores the evolution of resentencing/parole mechanisms for youth lifers in California through the lens of lived experience. We use a case study approach with a triangulation of data sources, including qualitative interviews, parole hearing transcripts, and state legislation. For three purposively selected cases, we analyze the emotional experience of seeking resentencing/parole and analyze how the parole board determined suitability for release based on standard parole factors as well as “youth-specific” mitigation considerations. In all three cases, the parole board leaned heavily on standard parole factors such as demonstration of remorse and insight, compliant prison behavior, and participation in …

The Role Of Osint In Criminal Investigations: Leveraging Open-Source Data To Combat Cybercrime And Organized Criminal Activities, Azariah Vaughan

Cybersecurity Undergraduate Research Showcase

In today's modern age driven by digital innovations, the widespread adoption of technology has transformed criminal activities, leading to the emergence of cybercrime as a significant challenge for law enforcement agencies globally. Cybercrime acts have left a considerable dent on criminal activities and nowadays that we are halfway into the subsequent technological era stands as one of the most crucial issues for law enforcement agencies all around the globe. The aim of this work is to discuss the relationship between cybercrime and organized crime and the importance of OSINT within criminal investigations in supporting law enforcement itself. Particularly, due to …

High Times, Higher Stakes: Mental Health Impacts In New Recreational Marijuana Legal Landscape, Jason T. Lorenzon J.D., Chris Pezalla, Diana Semilia

National Training Aircraft Symposium (NTAS)

This presentation delves into the societal and mental health consequences arising from the increasing trend of legalizing recreational marijuana. Specifically, we will examine the potential normalization of unconventional behavior among aviation college students, who may grapple with substance use challenges due to stress, sleep difficulties, and the demands of college life. Given the rigorous nature of flight training, prioritizing the mental well-being of pilots becomes imperative.

With the recent legalization of recreational marijuana in Ohio, this presentation integrates insights from Diana Semilia's 2022 study on Kent State Flight Students Ages 19-26. The study's objective was to extract practical recommendations applicable …

“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …

Neuropsychological Malingering Determination: The Illusion Of Scientific Lie Detection, Chunlin Leonhard, Christoph Leonhard

Georgia Law Review

Humans believe that other humans lie, especially when stakes are high. Stakes can be very high in a courtroom, from substantial amounts of monetary damages in civil litigation to liberty or life in criminal cases. One of the most frequently disputed issues in U.S. courts is whether litigants are malingering when they allege physical or mental conditions for which they are seeking damages or which would allow them to avoid criminal punishment. Understandably, creating a scientific method to detect lies is very appealing to all persons engaged in lie detection. Neuropsychologists claim that they can use neuropsychological assessment tests (Malingering …

The Role Of Social Media In Raising Awareness Against Green Crimes : An Applied Study On Naif University Students, Munahi Bin Shari

Journal of Police and Legal Sciences

Social media platforms are considered among the most important modern tools for raising awareness against green crimes in the Arab world. These platforms have a significant impact on environmental awareness and the advancement of the nation through education and guidance. They play a vital role in influencing various segments of society and drawing attention to various environmental issues. This research aims to explore the role of social media in raising awareness against green crimes.

To achieve these objectives, the researcher employed a descriptive survey methodology and conducted a questionnaire survey among a sample of 591 students at Naif University in …

“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule

International Journal on Responsibility

The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …

Animal Liberation Front: Threat To Kentucky, Zoe E. Hunt

Posters-at-the-Capitol

The Animal Liberation Front (ALF) is a global terrorist organization that was founded in 1976. Since the creation of ALF, the group has spread rapidly as well as turned into a domestic terrorist organization in the United States. With this project, the group's potential threat to Kentucky was evaluated. ALF was evaluated using four structured analytic techniques and an intelligence collection plan. A better understanding of what ALF is was formed by the discussion of the group’s origins, ideology, and organization. In addition, the group's goals, objectives, and capabilities were discussed. Using the information gathered during the threat profile, the …

Global Criminal Justice Practices And Public Safety, Rachel Hwang

Posters-at-the-Capitol

Popular political discourse in the U.S. assumes that more funding for law enforcement and prison facilities will make civilians safer, presumably by reducing crime and sense of disorder. However, studies have shown that the relationship between these factors may not be as straightforward. With the killing of George Floyd and increased media coverage of police brutality, existing literature focuses mainly on the relationship between police and crime in the U.S. The impact of incarceration (the result of procedural justice) on the community (for whom procedural justice exists) is less known, especially on a global scale. We argue that cycling people …

Black Lives Matters, Sometimes, Bobby Delgado

Writing Beyond the Prison Living Archive

Critical Essay on Prison life; race/racism; Latinx; gangs; reform; race traitors; US politics; popular culture (film); Texas syndicate; brutality; torture; building tenders; convict guards; Donald J. Trump; Nazism; Hitler

I Object, Douglas E'Vonne Dawkins

Writing Beyond the Prison Living Archive

Poetry on social justice; criminal justice system; policing; systemic racism, Black genocide;

Social Justice Autobiography, Dewitt Faulkner

Writing Beyond the Prison Living Archive

Social Justice autobiography on: LA Riots; Rodney King; Gangs; racial violence; police brutality; criminal justice system; Wisconsin; Truth-in-Sentencing; Black history; Sharecropping.