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Articles 1 - 30 of 387
Full-Text Articles in Criminal Law
Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson
Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson
Master of Arts in Human Services
The intersection of mental health and the criminal justice system is a critical area of inquiry that highlights the complexities of addressing psychological disorders within our legal frameworks. This paper explores the prevalence of mental health issues among incarcerated individuals and examines how systemic deficiencies contribute to a cycle of recidivism and inadequate treatment. By analyzing the existing literature, the research aims to illuminate the pressing need for a reform in the handling of mentally ill offenders, advocating for a shift towards more rehabilitative approaches rather than punitive measures. The implications of those findings extend beyond individual cases to societal …
Real Bullets, Plastic Guns: Evaluating The Strength Of 3-D Printed Gun Parts, Maria Latenia Mayol
Real Bullets, Plastic Guns: Evaluating The Strength Of 3-D Printed Gun Parts, Maria Latenia Mayol
Student Theses
Privately made firearms (PMFs), often referred to as “ghost guns,” are firearms manufactured or assembled by individuals rather than federally licensed manufacturers. Although the terms are frequently used interchangeably, “ghost gun” more specifically describes an unserialized firearm, whereas PMFs include a broader range of firearms produced through nontraditional manufacturing methods. PMFs may be entirely 3-D printed, assembled from partially completed firearm kits, or constructed by integrating additively manufactured components with commercially manufactured firearm parts. The increasing accessibility of additive manufacturing and widespread dissemination of computer-aided design files have raised concerns about concealment, regulation, and forensic evasion, particularly when factory-manufactured components …
The Unspoken And The Unseen: An Analysis Of Victim Gender And Linguistic Framing Of Sexual Assault In Judicial Discourse, Sarnika Ali
Quantitative Social Science Undergraduate Senior Theses
Sexual assault is a profound legal and social crisis. However, it is also fundamentally a linguistic one. The words used, or conspicuously not used, to describe victims, perpetrators, and their actions are not neutral arbiters of fact. They are powerful mechanisms that shape perceptions of harm, attributions of blame, and assignments of credibility. The central battleground for survivors is credibility, and while a “credibility discount” is often applied to female victims, the male victim is rendered nearly invisible. This research is therefore guided by one central, overarching question: how does a sexual assault victim’s gender influence the judicial language used, …
The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown
The Three (3) Eras Of Compstat, Through Cultural Change. Lessons From The Past, Present And Future, Kevin Brown
Student Theses
Abstract
Using data and information from respondent surveys of current and former NYPD police executives, this study examines the cultural change, impact, and effectiveness of the NYPD’s CompStat system from the perspective of superior officers who have participated in it since its inception. CompStat was introduced in 1994 by NYPD, Police Commissioner, William Bratton. Achieving cultural change in any police organization can be a monumental task, requiring CompStat’s transformational methods of data-driven accountability and four core principles that are aligned with organizational transformation evidence: timely intelligence, rapid deployment, effective tactics, and relentless follow-up. This research explores how these principles have …
“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis
“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis
Dissertations
Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …
The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy
The Normative Evolution Of Political Crime In Egyptian Criminal Law 1881 – 1981, Anas Sayed Elkorashy
Theses and Dissertations
This thesis examines the historical evolution of the Egyptian criminal justice system's approach to managing political opposition. It employs the concept of "political crime" as a heuristic for analyzing the prosecution of dissent, despite the absence of a statutory definition within the legal system. By situating these practices within the broader context of political conflict, the study traces how criminal law has been used to manage rivalry and neutralize perceived threats to the state. Drawing on Fraenkel’s theory of the "Dual State," the thesis argues that modern Egyptian criminal justice has developed through a distinctive dual structure. The research distinguishes …
When “Voice” Becomes Law: A Caution Against Emancipatory Complacency In Anti-Sexual Violence Feminism, Samantha Lillian To
When “Voice” Becomes Law: A Caution Against Emancipatory Complacency In Anti-Sexual Violence Feminism, Samantha Lillian To
LL.M. Essays & Theses
This Essay destabilizes a feminist project that seeks to emancipate sexually violated women in the United States through a rhetoric of voice. There is a body of feminist literature that imagines voice as unconstrained self-expression through which sexually violated women resist patriarchal oppression and heal from trauma. When projected onto the courtroom, however, this framework becomes an ideal that the legal process, by its structure, cannot fully accommodate. This Essay presents three claims. First, despite the emergence of a legal promise of “voice” after the enactment of the Crime Victims’ Rights Act, feminists should not treat it as the culmination …
Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta
Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta
LL.M. Essays & Theses
In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …
Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi
Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi
Capstone Projects and Master's Theses
This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …
Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi
Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi
Honors Theses
This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.
How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker
How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker
Undergraduate Theses
This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …
Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell
Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell
Undergraduate Theses
This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …
From Family Content Creation To Child Exploitation: How Social Media Unmasks The Shortcomings Of Digital Legislation, Jaide Dixon
From Family Content Creation To Child Exploitation: How Social Media Unmasks The Shortcomings Of Digital Legislation, Jaide Dixon
Undergraduate Honors Theses
This thesis focuses on the emerging issue of child exploitation through the use of generative-AI technologies within the context of the civil and criminal intricacies regarding the exploitation of child influencers within the family content creation industry on social media. Although great strides have been made in state digital legislation, the need for updated federal legislation pertaining to abuse of technological advancements, such as generative-AI, becomes more apparent when identifying the shortcomings and legal loopholes within digital legislation. This research will conduct a comparative textual analysis between the "child influencer laws” of Illinois, California, Utah, and Minnesota—across the civil and …
Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby
Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby
Theses and Dissertations
This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …
Laws, Looting, And Legitimate Trade: The Effectiveness Of The Icc At Prosecuting Cultural Heritage Crimes From An Art Market Perspective, Kassidy Houlihan
Laws, Looting, And Legitimate Trade: The Effectiveness Of The Icc At Prosecuting Cultural Heritage Crimes From An Art Market Perspective, Kassidy Houlihan
MA in Art Business Dissertations
This dissertation is a legal analysis of cultural heritage crime prosecution at the International Criminal Court aimed for art market practitioners. It seeks to evaluate whether the ICC could be an effective means of prosecuting cultural heritage crime in a way that positively effects the art market. It closely reads the Rome Statute to determine how the cultural heritage crimes of looting and intentional destruction of cultural property could be charged at the ICC. It then uses the case studies of Prosecutor v. Al Mahdi and Prosecutor v. Al Hassan, the only two cultural heritage cases at the ICC to …
Optimization Of The Cmc Algorithm, Christopher Joseph Moner
Optimization Of The Cmc Algorithm, Christopher Joseph Moner
Graduate Theses, Dissertations, and Problem Reports (ETD)
Cartridge cases recovered from discharged firearms contain tool marks produced by the internal mechanisms of said firearm. Firearm and tool mark examiners com pare these marks to determine whether two cartridge cases originated from the same firearm. Traditional comparison methods have been criticized for their subjective nature and reliance on examiner interpretation rather than objective decision thresholds. The Congruent Matching Cells (CMC) algorithm was developed as a quantitative, objective method for tool mark comparison. CMC is a surface topography correlation algorithm that partitions a tool mark into small regions, or cells, and evaluates their similarity using the areal cross-correlation function …
Balancing The Scales Of Justice: The Unconstitutionality Of Marital Rape In India, Pallavi Raju
Balancing The Scales Of Justice: The Unconstitutionality Of Marital Rape In India, Pallavi Raju
CMC Senior Theses
Marital rape remains an unpunished crime in India, despite decades of dispute and litigation. This thesis explores the question of why the state continues to retain the marital rape exception within the Indian criminal code, even though it commits to combat gender based violence in other areas of justice. The research begins with a broader understanding of privatization of women’s rights in the international sphere and culturally sanctioned violence to protect the institution of marriage. With a focus on the legal justifications and language of Indian court cases, this thesis determines that judges adjudicate on gender justice inconsistently. Attempting to …
Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer
Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer
CMC Senior Theses
This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …
The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman
The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman
Scripps Senior Theses
Trauma can profoundly influence behavioral presentation, yet jurors often rely on demeanor as a diagnostic cue for guilt, credibility, and remorse. Such reliance poses risks within a legal system that seldom equips jurors to interpret trauma related behaviors accurately. The proposed study will examine how two trauma-linked affective presentations– overemotionality and flat affect– shape juror perceptions of credibility and guilt, and whether expert psychological testimony about trauma-related affect can mitigate these biases. Online survey participants will read one of five trial vignettes with varying defendant conditions (flat affect vs. overemotional) and varying expert testimony conditions (present or not present) and …
Women’S Exposure To Incel Content, Perceived Safety, And Gender-Based Violence Risk In The United States, Deja Bledsoe
Women’S Exposure To Incel Content, Perceived Safety, And Gender-Based Violence Risk In The United States, Deja Bledsoe
Criminology & Criminal Justice Theses
The rapid proliferation of incel-related content across digital platforms has raised concerns about online misogyny and its potential impact on women’s perceived safety. However, less is known about how exposure to such content shapes women’s perceptions of risk and emotional responses in everyday digital environments. This study examines the relationship between exposure to incel-related content and women’s perceived risk of gender-based violence and safety-related anxiety. Guided by strain theory, social control theory, hegemonic masculinity, and intersectionality, the study employs an anonymous cross-sectional online survey of women aged 18 and older. Quantitative analyses were conducted to assess whether exposure to incel-related …
Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani
Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani
Honors Theses
This thesis examines the legal process of plea bargaining as it currently operates within the criminal justice system in the United States. Through both an empirical and theoretical evaluation of this procedure, it analyzes how plea bargaining exists in practice and whether it can be considered a fair mechanism of case resolution. This project investigates the practice on a molecular level through its presence at a county-level court jurisdiction, which represents broader structural implications of the national legal system. Furthermore, it identifies three central factors that drive the overutilization of plea bargaining: power asymmetry, information, asymmetry, and case processing time. …
Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey
Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey
Honors Undergraduate Theses
This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.
The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …
Pretrial Publicity In A Modern World: Exploration Of Defense Attorney Experiences And Perspectives, Giray Uzen
Pretrial Publicity In A Modern World: Exploration Of Defense Attorney Experiences And Perspectives, Giray Uzen
Honors Undergraduate Theses
This research examined how pretrial publicity, like statements made by law enforcement and prosecutors, affects criminal defense strategy. Using a qualitative, phenomenological design, interviews were held with practicing defense attorneys to understand how they deal with media coverage, protect their clients’ rights, and adjust their strategy when a case starts getting attention. The project identifies common themes, including attorney concerns about biased jurors, distorted narratives, and pressure created by public commentary. Findings work towards reforming policy discussions to respect free speech while protecting the constitutional right to an impartial jury in our modern media environment.
Belief, Capacity, Foresight Epistemic Exchange In American Law, Edwin T. Mcquillen Iv
Belief, Capacity, Foresight Epistemic Exchange In American Law, Edwin T. Mcquillen Iv
West Chester University Graduate Theses, Dissertations, and Final Projects
American law sometimes assigns responsibility under conditions of uncertainty–even when there’s no completed harm, no demonstrable knowledge, and no identifiable victim. This thesis argues that across three otherwise unrelated doctrines, courts engage in what might be called epistemic exchange: when the kind of knowledge normally required for responsibility is unavailable, some alternative epistemic basis gets treated as functionally sufficient for judgment instead. Courts never state this practice outright; it is a philosophical description of what they are doing. In criminal attempt law, a justified but false belief can stand in for knowledge of whether the contemplated crime could actually be …
Neurobiological Determinants Of Psychopathy And Their Ethical Implications In Capital Punishment Cases, Brooklyn Lewis
Neurobiological Determinants Of Psychopathy And Their Ethical Implications In Capital Punishment Cases, Brooklyn Lewis
Williams Honors College, Honors Research Projects
This literature review examines the relationship between the neurobiological determinants of psychopathy and the ethical implications of applying capital punishment to violent offenders. Drawing on research from neuroscience, psychology, and criminal justice, the paper explores how structural and functional differences in brain regions associated with emotional processing, impulse control, and moral reasoning are linked to psychopathic traits. The review synthesizes findings on how these neurobiological factors may contribute to an increased risk of violent behavior while emphasizing that such influences are not deterministic. The paper further analyzes how neuroscientific evidence is interpreted within legal contexts, particularly in relation to assessments …
The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth
The Influence Of Adverse Childhood Experiences On Female Violent Offending: A Scoping Systematic Review, Alexis M. Wolgemuth
Theses, Dissertations and Capstones
Female-perpetrated violence has exhibited concerning data trends in recent years. Prior scholarship indicates that past victimization and trauma in childhood, known as adverse childhood experiences (ACEs), are highly prevalent among women offenders. However, the research concerning ACEs and violent females is scattered. This thesis provides a scoping literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) updated 2020 guidelines. A systematic database search was conducted using Academic Search Complete, SAGE Journals, Springer Nature Link, and HeinOnline to identify relevant peer-reviewed journal articles. Inclusion and exclusion criteria are established, focusing on studies published after January 2015. These …
Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo
Statistical Analysis Of Evidence In Criminal Cases, Giuliana Leon Carrillo
Graduate Theses, Dissertations, and Problem Reports (ETD)
Ideally, the evaluation of relevant forensic evidence must corroborate the hypotheses that the prosecution and/or the defense holds regarding the commitment of a crime. Therefore, optimal forensic evidence would be the one that can be found all the time under the same circumstances, and cannot be found otherwise, making the forensic scientist able to evaluate this evidence given the hypotheses provided. Nevertheless, this is hard to find, as ideal evidence being only a concept.
In this project, the probabilistic interpretation of relevant forensic evidence investigated in criminal cases with the aid of Wigmore charts and Bayesian networks was proposed. Using …
Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris
Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris
Master of Arts in Human Services
Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …
Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree
Undergraduate Honors Theses
Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …
The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko
The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko
Honors Capstones
This Honors Capstone Thesis serves as an independent research study to verify the authenticity of allegations of Russian war crimes and violations of international humanitarian and criminal law in Russian conduct during the Russo-Ukrainian War. This research study primarily focuses on Russian war crimes and violations of international law that occurred after the beginning of the full-scale war on February 24, 2022, while acknowledging that allegations of similar violations have been occurring since 2014. This Honors Capstone Thesis uses international law sources such as the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide …