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Full-Text Articles in Social and Behavioral Sciences

Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall Dec 2011

Prosecutorial Discretion And Plea Bargaining: Is There A Jury Trial Penalty?, Gina Hall

HIM 1990-2015

As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed …


Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli Dec 2011

Parental Accountability For Children In Florida Examining The Oxymoron Of Parental Liability, Marco Specoli

HIM 1990-2015

This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when …


International Contracts A Quantitative Analysis Of Transnational Contract Formation, David T. Ackerman May 2011

International Contracts A Quantitative Analysis Of Transnational Contract Formation, David T. Ackerman

HIM 1990-2015

Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern …


Profiling By Any Other Name Could Be The Foreign Intelligence Surveillance Act, Evan M. Malloy May 2011

Profiling By Any Other Name Could Be The Foreign Intelligence Surveillance Act, Evan M. Malloy

HIM 1990-2015

The undergraduate thesis began with the research question of whether the Islamic community is being profiled by the use of the Foreign Intelligence Surveillance Act (FISA) following the terrorist attacks on September 11, 2001. At the beginning of the project, the researcher's hypothesis was that Muslim community had fallen victim to profiling through the use of electronic surveillance conducted by the American government. The research presented reveals a pattern of profiling and injustices against many different groups of Americans throughout the history of United States surveillance laws starting with the illegal alcohol producers in the 1920's. Amendments to FISA have …


You've Got Mail The Study Of The Attorney-Client Privilege And The Use Of Electronic Mail, Justin W. Mcconnell May 2011

You've Got Mail The Study Of The Attorney-Client Privilege And The Use Of Electronic Mail, Justin W. Mcconnell

HIM 1990-2015

The prolific use of the internet and electronic mail within the legal profession presents novel challenges to the application of the attorney-client privilege; especially, in regards to protecting intended confidential communications relayed through e-mail. This thesis addresses the question of whether an attorney in Florida, through electronic mail use, can waive his client's right to the protections of the attorney-client privilege. After a review of current case law, law review articles, statutes, and texts, this thesis concluded that an attorney's communication through e-mail warrants a reasonable expectation of privacy, permitting the attorney to speak in reasonable confidence to clients through …


Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue Jan 2011

Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue

HIM 1990-2015

The following paper will explore the future of sustainable building practices as it relates to building design rating systems and whether building design rating systems are effective in conserving energy and resources in the construction of new buildings. This paper will begin by highlighting some of the general principles behind sustainable design practices, and the challenges of determining if building design rating systems are utilized effectively towards the goal of sustainability. In addition, the paper will highlight issues specific to ongoing litigation in Gifford v. U.S. Green Building Council and allegations made within the lawsuit that question the methodology and …


As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney Jan 2011

As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney

HIM 1990-2015

The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a …