Social and Behavioral Sciences Commons^™

The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …

Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …

The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

No abstract provided.

Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds

John H. Blume

No abstract provided.

Perception Of Police In Public Housing Communities, Taylor Brickley

Theses and Dissertations

Research on the relationship between police and citizens consistently finds that attitudes toward police (ATP) are least positive among black citizens in areas of concentrated disadvantage. While much of the research in this area focuses specifically on ATP among young black males in low-income communities because they have the most contact with police, there has been relatively little research that has included older and/or female residents. Additionally, research has yet to examine ATP in racial and economic enclaves that may have different social and environmental characteristics than the surrounding community. This study utilizes in-depth interviews with 60 residents of two …

Into The Red: A Look Into The Reasons Why Refugees Decide To Flee, Settle Or Migrate To And From Morocco, Fadeelah E. Holivay

Master's Theses

This research paper explores some of the main reasons why refugees and asylum seekers, particularly from sub-Saharan African countries, embark on a journey and decide to settle, flee or migrate to and from Morocco. Because of this phenomenon, Morocco has seen a 96% increase of refugees migrating to the borders of Morocco each year for the past three years. Many say that this astonishing increase of migrants choosing Morocco is due to such factors as: wars breaking out regionally across central African and Middle Eastern countries causing them to flee; Morocco being a culturaly diverse francophone country whose laws and …

The Role Of Violence Within And Across Self-Identified Gang Youth, J. Michael Vecchio

Dissertations

Whether actual (i.e., direct and vicarious victimization) or anticipated (i.e., fear of crime and perceived risk of victimization) violence, gang youth commonly discuss violence in terms of having an important role in both their gang experiences and daily lives. In particular, violence can play an important role within the specific stages of the gang experience – 1) joining, 2) active membership, and 3) leaving. This includes the importance of protection from violence as a common motivator for joining, the utility of violence as a means of building cohesion between active gang members, as well as the importance of exposure to …

Building The 21st Century Legal Resource Center & Law Library, Portland State University. Hatfield School Of Government. Center For Public Service, Mark G. Harmon, Shannon Grzybowski, Bryan Matthew Thompson, Stephanie Cross

Center for Public Service Publications and Reports

A Report on the Current Status of the Multnomah County’s Law Library and Recommendations for Addressing the Needs of Current Patrons.

Excited Delirium Syndrome And Conducted Electrical Weapons, Adam A. Nielsen

Regis University Student Publications (comprehensive collection)

Excited delirium syndrome (ExDS) is defined as delirium coupled with extreme agitation (Vilke et al., 2012). ExDS is a bona fide medical condition that requires immediate medical attention, as 8% of patients will die from it. Some research only classifies ExDS as "true ExDS" if the subject dies; most research does not and this research does not wish to exclude the 92% of ExDS cases where the subject does not die. ExDS is well known because it oftentimes comes into play during and after a violent encounter with law enforcement. Because over 7,000 U.S. law enforcement agencies use TASER© brand …

Nebraska Department Of Correctional Services Reentry Initiative Vocational & Life Skills Program Grant Announcement - Application For Funding, Uno Nebraska Center For Justice Research

Reports

The NDCS Reentry Initiative involves a systemic approach for individuals to return to their communities. Reentry is not a “program”, it is an intentional mind-set; it is a method of facilitating the incarcerated and/or supervised individual’s return to his/her community as a productive and law abiding citizen.

Successful reentry:

 Provides increased public safety by reducing the number of victims

o This is achieved by reducing the likelihood of continued criminal behavior, essentially lowering the recidivism rate

 Provides a plan for assessing and addressing risks and needs

o This plan involves a reentry-focused case management system from first contact …

The Constitutionality Of Warrantless Cell Phone Searches: Incident To Arrest, Kylie Brown

HIM 1990-2015

As technology has developed, Americans have come to carry their most private information around with them in their pockets in digital form on their cell phones. A cell phone has immense storage capacity and can contain a wide variety of communicative information about its owner. In the past, there had been a disagreement among the lower courts as to whether police officers could search the contents of an arrestee's cell phone when making an arrest. The United States Supreme Court settled this disagreement in Riley v. California; in that case, the Court held that the warrantless search of a cell …

Are You Trying To Recruit Suicide Bombers Or Something?, Suzanne Weedon

Criminal Justice

Suicide terrorism has been extensively studied, although few researchers have been able to arrive at definitive conclusions. Often overlooked is the explanatory potential of evolutionary psychology. This study presents an evolutionary model of suicide terrorism using the principles of kin selection theory and inclusive fitness and offers several predictions about suicide terrorists. To test these predictions, an experimental design was constructed in which participants randomly received one of nine separate scenarios in which they were told that they were a member of a marginalized ethnic group and asked if they would be willing to commit a suicide bombing against their …

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …

Empirical Assessment Of Risk Factors: How Online And Offline Lifestyle, Social Learning, And Social Networking Sites Influence Crime Victimization, Ashley Bettencourt

Master’s Theses and Projects

As technology and social media become more intertwined with our everyday lives, people are more exposed to various types of victimizations. The purpose of this study is to examine how our online and offline lifestyle choices can contribute to our risk of becoming a sexual crime victim. A random sample of college students from a Massachusetts college was used to gather the necessary information. This survey data was analyzed based on major theoretical components derived from the lifestyle exposure and social learning perspectives. This study determined that both online and offline lifestyle and social learning theory have a substantial impact …

The Economic Espionage Act Of 1996: A 15 Year Review, Matthew T. Priebe

Masters Theses

It is estimated that the United States alone loses $300 billion annually to economic espionage. The purpose of the paper is to understand the occurrence and defining characteristics of economic espionage. This is accomplished through the series of proposed research questions related to the Economic Espionage Act of 1996. These questions include: occurrence rates, offender demographics, victim demographics, and victim-offender relationship. Archival data analysis of all 18 USC §1832 prosecutions from 1996-2011, will answer each proposed research question. The results will provide worldwide corporations with statistical support to help combat economic espionage. Specifically, descriptive statistics, such as mean, median, and …

Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano

Independent Study Project (ISP) Collection

After the fall of a repressive government, there is often a discussion or an attempt to repair the damage done to society by the repressive regime. Argentina for the last thirty years has been facing this discussion. The last dictatorship, a totalitarian military dictatorship, in Argentina took place between 1976 and 1983. With the return of democracy at the end of 1983, the process of healing society began, albeit in a rather limited form due to fear of sparking the military into revolt once again. In the 1990s, the discussion was almost entirely swept under the rug by the Menem …

El Crecimiento De Narcotráfico En Rosario: Violencia Disciplinada Y La Resistencia Social Frente A Este Sistema / The Growth Of Narcotrafficking In Rosario: Disciplined Violence And The Social Resistance To Resist This System, Caitlyn Yates

Independent Study Project (ISP) Collection

The theoretical framework behind drug trafficking has thus far failed to mention the relationship between the growth of narcotics trafficking and structural violence. Using Farmer’s structural violence and the Foucauldian concept of biopolitcs, this paper explains the recent growth of narcotics trafficking in Rosario, Argentina. A more holistic approach to the complexity of the drug trafficking phenomenon arises by analyzing the effects of governmental corruption, relaxed politics, the criminalization of the poor, and the recent economic boom. Though this phenomenon is rather recent, the governmental and civilian resistance has none the less mobilized. Taking the theories of Farmer and Galtung …

El Caso De Madygraf (Ex-Donnelley): Una Exploración De La Tensión Entre La Legalidad Y La Legitimidad De Las Empresas Recuperadas En Argentina / The Case Of Madygraf (Ex-Donnelley): An Exploration Of The Tension Between The Legality And The Legitimacy Of Recovered Businesses In Argentina, Maggie Joyce

Independent Study Project (ISP) Collection

In December 2001, Argentina declared the largest economic debt default in history. Following the default, Argentina’s economy spiraled into depression and a severe economic crisis plagued the country. Unemployment skyrocketed, dollar shortages continued, and many businesses closed under financial pressures. As private business and large corporations alike shut their doors indefinitely, oftentimes under the auspices of fraudulent bankruptcies, freshly unemployed workers across the country reclaimed their right to work by occupying their workplaces and eventually putting them back into production. These businesses now under worker control are part of the empresas recuperadas, or recovered businesses, phenomenon. The fight for existence …

“Decentralization Dilemma In Indonesia: Does Decentralization Breed Corruption?”, Glenys Kirana

Independent Study Project (ISP) Collection

Given the pervasiveness of corruption, collusion and nepotism during Suharto’s rule (1967-1998), many people assume that the Reformasi era (1998-present) would introduce a new wave of liberal democratic values, which would consequently reduce corruption in Indonesia. This paper seeks to look at the changes in people’s socio-political incentives to corrupt given the changes in political and legal structure, analyzing it in the context of its contribution to Indonesia’s socio-economic development. Specifically, it centers on how decentralization has affected corruption in the regional districts, legislative, judiciary, and other civil society groups. It is the prominence of the corruption issue in the …

Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo, David Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

On 9 March 2011, Governor Patrick Quinn abolished capital punishment in Illinois stating that the state’s system of imposing the death penalty was inherently flawed. Quinn’s announcement followed an eleven-year effort to end the death penalty that began with a 2000 moratorium on executions imposed by then Governor George Ryan. This moratorium was the direct result of the appellate reversal of a series of death-row convictions. Prompted by these reversals, Ryan also created the Governor’s Commission on Capital Punishment to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to …

Examining The Effects Of Nebraska's Good Time Laws - Final Report, Benjamin M. Steiner, Calli M. Cain

Reports

Sentencing credit laws provide opportunities for inmates to gain a reduction in their prison sentence, and such laws have at least four intended goals: 1) reducing prison populations; 2) promoting prosocial behavior during imprisonment by offering inmates incentive for good behavior and/or deterring them from engaging in antisocial behavior; 3) reducing recidivism by providing offenders incentive for good behavior and participation in rehabilitative programming; and, 4) lowering correctional costs (Lawrence & Lyons, 2011; Weisburd & Chayet, 1989).

The state of Nebraska currently has a sentencing credit law that automatically awards good time credits to inmates. The study described in this …

Examining The Effects Of Nebraska's Good Time Laws - Research Brief, Benjamin M. Steiner, Calli M. Cain

Reports

The purpose of this research brief is to summarize the findings of a study of Nebraska’s good time laws conducted by Dr. Benjamin Steiner and Calli Cain for the Nebraska Center for Justice Research at the University of Nebraska-Omaha. An electronic copy of the full report can be accessed through the link at the end of this brief. This brief lists each of the three specific research questions, the primary findings for each question, and the major conclusion from each set of findings. Please refer to the full report for the executive summary, full findings, and methodological details of the …

Examining The Effects Of Nebraska's Good Time Laws: Final Report, Benjamin M. Steiner, Calli Cain

Reports

Sentencing credit laws provide opportunities for inmates to gain a reduction in their prison sentence, and such laws have at least four intended goals: 1) reducing prison populations; 2) promoting prosocial behavior during imprisonment by offering inmates incentive for good behavior and/or deterring them from engaging in antisocial behavior; 3) reducing recidivism by providing offenders incentive for good behavior and participation in rehabilitative programming; and, 4) lowering correctional costs (Lawrence & Lyons, 2011; Weisburd & Chayet, 1989). The state of Nebraska currently has a sentencing credit law that automatically awards good time credits to inmates. The study described in this …

Examining The Effects Of Nebraska's Good Time Laws: Research Brief, Benjamin Steiner, Calli Cain

Reports

The purpose of this research brief is to summarize the findings of a study of Nebraska’s good time laws conducted by Dr. Benjamin Steiner and Calli Cain for the Nebraska Center for Justice Research at the University of Nebraska-Omaha. An electronic copy of the full report can be accessed through the link at the end of this brief. This brief lists each of the three specific research questions, the primary findings for each question, and the major conclusion from each set of findings. Please refer to the full report for the executive summary, full findings, and methodological details of the …

Trends In Young Adult Male Incarceration Admissions In Nebraska, 2000-2013: Final Report, Jonathan R. Brauer, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

No abstract provided.

Trends In Young Adult Male Incarceration Admissions In Nebraska, Jonathan R. Brauer

Reports

Contents: Notes/Acknowledgements; Executive Summary; General Admission Trends; Admissions by Race/Ethnicity; Admissions by Offense Type; Average Sentence Lengths; and Estimated Incarceration Costs.

Intimate Partner Violence: Domestic Violence Service Providers' Perceptions Of Male Victims, Bradon Allan Valgardson

Master's Theses

Intimate partner violence (IPV) against women has been recognized as a serious issue which requires attention. Over the past 40 years there has been an increase in sensitivity to female victims of intimate partner violence, but the same has not been true for male victims. This may be attributed to the substantial influence the feminist perspective has had upon the development of the IPV resource system. Furthermore, certain research indicates IPV resource centers may refuse to help or demean men who seek assistance as victims (Hines, Brown, & Dunning, 2007).

This research project surveyed domestic violence resource centers in an …

A Novel Method For Confirming The Presence Of Volatile Reduced Sulfide Compounds Via Inductively Coupled Plasma-Optical Emission Spectroscopy, Krystal Lynne Parker

Master's Theses

Millions of dollars in destruction in the past decade have resulted from the use of Chinese drywall in homes. There are also potential health hazards related to this corrosive material. As such, it is important to find a way to identify Chinese drywall. Drywall can be tested for certain markers, such as strontium, sulfur, and carbonates to identify it as corrosive Chinese drywall. The laboratory preparation and analysis should be efficient and cost effective. The methods previously used, such as an X-ray fluorescence gun have had issues with getting a proper reading due to the layers of other materials found …

Bite Marks On Skin And Clay: A Comparative Analysis, R K. Gorea, O. P. Jasuja, Abdulwahab Ali Abuderman, Abhinav Gorea

Research outputs 2014 to 2021

Bite marks are always unique because teeth are distinctive. Bite marks are often observed at the crime scene in sexual and in physical assault cases on the skin of the victims and sometimes on edible leftovers in burglary cases. This piece of evidence is often ignored, but if properly harvested and investigated, bite marks may prove useful in apprehending and successfully prosecuting the criminals. Due to the importance of bite marks, we conducted a progressive randomised experimental study conducted on volunteers. A total of 188 bite marks on clay were studied. Based on these findings, 93.34% of the volunteers could …

The Day Of The Cyber Wolf, Ryan K. Buch

Regis University Student Publications (comprehensive collection)

Terrorism has become a concern for public safety and security and can take on many appearances. However, in recent years the dilemma that presents the most substantial endangerment to public security comes from the threat of leaderless terrorists, also known as "lone wolves." Due to the rapid advancement in technology over the past few decades, societies, specifically the United States, have become dependent upon it economically and socially. Terrorist organizations, as well as the lone wolf terrorist, understand that their enemies rely on technology in order to function and have recently redirected their efforts towards cyberspace. As a result, cyber-terrorism …