Social and Behavioral Sciences Commons^™

Defending Constitutional Rights In Imbalanced Courtrooms, Esther Nir, Siyu Liu

Journal of Criminal Law and Criminology

Safeguarding Fourth Amendment protections is critical to preserving individual privacy rights and fostering positive perceptions of police legitimacy within communities. Maintaining an effective accountability structure for police stops, searches, and seizures is a necessary step toward achieving these objectives. In this article, we use qualitative interviews and survey data with defense attorneys to explore—from a court community perspective— their use of discretion to uphold the Exclusionary Rule through bringing suppression motions. Data demonstrate that power dynamics within the court community lead defense attorneys to conclude that litigating rights violations is often a futile effort that interferes with favorable case outcomes …

Annual Report 2021, Nebraska Center For Justice Research

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in its second year.

"It Is Not Necessary For Eagles To Be Crows": Book Review, Neil Fulton

Faculty Publications

No abstract provided.

Nsu Abraham S. Fischler College Of Education And School Of Criminal Justice (Fce&Scj) Graduate Catalog And Student Handbook 2021–2022, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

The Ambivalence Of Participation In Transitional Justice: The Promises And Failures Of Peace In Colombia, Alejandro Urruzmendi

Doctoral Dissertations

The dissertation inquires into participation in transitional justice in Colombia. Through an examination of Peace Councils and Mesas de Participación, it offers readers concrete examples of such mechanisms for participation, discussing their legal and bureaucratic structures. Weaving in ethnographic research, the author allows the participants themselves, victimized-survivors of the armed conflict and community leaders, to discuss the limits and possibilities of their work. Placing these voices and archival research in historic and theoretical context, the dissertation leaves readers with questions regarding the ambivalence of state, institutional, and participant’s stances towards participation in transitional justice.

Method Validation Of Headspace Gas Chromatography With Dual Flame Ionization Detection For Analysis Of Blood Alcohol Concentration And Other Volatile Organic Compounds, Caroline A. Fudala

Master of Science in Forensic Science Directed Research Projects

Ethanol is one of the most commonly encountered substances in toxicology analysis and is the most misused substance. Blood alcohol concentration (BAC) analysis is performed for a variety of scenarios, including cases of driving under the influence, drug facilitated crimes, intoxication deaths, workplace drug testing, substance use treatment centers, probation/parole, and other clinical settings. Due to the high prevalence of ethanol in forensic and clinical casework a fast, accurate, and cost effective method for BAC analysis is critical. Headspace gas chromatography with flame ionization detection (HS-GC-FID) is the standard for BAC analysis. This is due to its ease of use, …

Creation And Optimization Of An Optical Trapping Microfluidic Device For The Separation Of Mock Forensic Sexual Assault Samples, Mackenzie Lally

Master of Science in Forensic Science Directed Research Projects

Cell mixtures are often seen in forensic samples and commonly involve sexual assault cases where mixtures of sperm cells and vaginal epithelial cells are frequently encountered. This produces challenges in downstream analysis in the form of STR mixture profiles. The only method currently in use in crime laboratories for front-end sperm and epithelial cell separation is differential extraction. This method often results in STR mixture profiles due to carryover into both the male and female fractions and suffers from a wide range of efficiency depending on the laboratory or individual processing the sample. Optical trapping offers an alternative method for …

Community Attitudes Towards Juvenile Sex Offenders And Registration In Virginia, Paige Reed

Theses and Dissertations

The collateral consequences and harmful effects of juvenile sex offender registration and restrictions has been the forefront of conversation surrounding sex offender legislation in the United States. The literature available has consistently shown that juveniles profoundly differ from adults in significant areas such as decision making, cognitive capability, judgment, and overall development. The literature has also consistently shown that juvenile sex offenders are amenable to treatment, have considerably low recidivism rates, and are unlikely to offend into their adulthood. Despite this, and even though the juvenile justice system prioritizes rehabilitation over punitive measures, juvenile sex offenders are commonly subjected to …

Covid-19 In Correctional Settings: How Has The Covid-19 Pandemic Impacted Prison Policies And Conditions?, Marissa Tepper

Capstone Showcase

Due to the Coronavirus Disease 2019 (COVID-19), the public has been advised to isolate and quarantine from one another. These social distancing practices have also been applied to institutions such as schools, universities, businesses, and even prisons. Within prisons, officials have been working with the medical community to determine the best course of action to contain the spread of the virus. The current proposed policies for prisons to contain COVID-19 are decarceration or medical isolation. However, in the medical community, there is some concern with implementing medical isolation in prisons. Under supervision of the prison officials, medical isolation could become …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

Child Exposure To Intimate Partner Violence In The Latin American Region, Gabriel Alvarado

McNair Scholars Manuscripts

Intimate Partner Violence (IPV) is a major public health issue that harms thousands of families and communities across the globe. Unlike other forms of violence or criminal behavior, IPV is often concealed within the privacy of one's household, where the public cannot witness the occurrence of spousal abuse. Typically, more women are victims in an intimate relationship than men are based on recent research. However, there is a lack of research that investigates the vulnerability of a child who is exposed to IPV. This systematic literature review relates to the analysis and investigation of children exposed to IPV in Latin …

Advancing Applied Research In Conservation Criminology Through The Evaluation Of Corruption Prevention, Enhancing Compliance, And Reducing Recidivism, Jessica S. Kahler, Joseph W. Rivera, Zachary T. Steele, Pilar Morales-Giner, Christian J. Rivera, Carol F. Ahossin, Ashpreet Kaur, Diane J. Episcopio-Sturgeon

Biological Sciences Faculty Publications

Concomitant with an increase in the global illegal wildlife trade has been a substantial increase in research within traditional conservation-based sciences and conservation and green criminology. While the integration of criminological theories and methods into the wildlife conservation context has advanced our understanding of and practical responses to illegal wildlife trade, there remain discrepancies between the number of empirical vs. conceptual studies and a disproportionate focus on a few select theories, geographical contexts, and taxonomic groups. We present three understudied or novel applications of criminology and criminal justice research within the fields of fisheries, forestry, and wildlife conservation. First, we …

Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone

Theses & Dissertations

Private prisons were established as a possible solution to alleviate the serious overcrowding issue affecting prisons during the 1980’s. This thesis supports the reasoning behind why private prisons should be abolished as they did not deliver on the claims made in support of their existence but rather, reveals the multitude of negative repercussions when the financial interests of a few large and powerful private corporations override the basic safety and security of our prison system. The studies contained in this thesis attempt to reveal that the data meant to support private prisons is not only inadequate, but often, inaccurately depicted …

Rights For The “Non-Conforming” Woman: The Intersectionality Of The Fight For Women’S Rights And Lgbtq+ Rights In Argentina, Talia C. Housman

Honors Theses

Argentina has faced many challenges throughout its history of activism as the people have pushed for an equal society. Different movements have sprung up over the years, but they have begun to twist together in recent times due to the need for support during repressive regimes. This brings into question the concept of intersectionality, which spans feminist, queer, and legal theory in its attempt to explain the need for overlap, modeling the natural development of personal identities and groups like family. The feminist movement and the LGBTQ+ movements have woven together in many rallies, especially during El Encuentro Nacional de …

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

Transitioning To Legalization Of Cannabis In Washington State: Regulations’ Impacts On Commodification, Metabolism, & Labor Practices, Rob Loewen

All Master's Theses

This thesis provides an ethnographically grounded analysis of how existing regulations shape the legal recreational cannabis industry in Washington State. I examine the processes involved from seed to sale, including cultivation, processing, quality-control testing, and distribution of recreational cannabis. The goal of this research is to provide a greater understanding of how existing regulations were formed and how they shape social relations within the industry. This study seeks to answer the question: “How are the processes of production within the recreational cannabis industry, along with its labor force and its consumers, impacted by societal perceptions about cannabis, encapsulated within state …

From The Legal Literature: Why States Must Consider Innocence Claims After Guilty Pleas, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

From The Legal Literature: Covid And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Federalism And The Limits On Regulating Products Liability Law, 1977-1981., Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The political movement of the early 1980s that sought to increase manufacturer liability for defective products by converting state tort law into federal law raised core questions about federalism. The effort at wholesale federalization failed, and tort law has been (and largely remains) within the purview of the states. However, the tort federalization movement of the early 1980s, which by the end of that decade would become popularly known as" tort reform, did result in federal legislation affecting tort law in America. This article attempts to explain why tort law was never fully federalized during this period and how the …

Veracious Verdicts: An Expansion Of Cognitive-Experiential Self-Theory In Jury Decision-Making Using Attribution Theory, Jade E. Larson

Electronic Theses and Dissertations

As a pillar in our judicial system, the courts utilize almost ten million citizens each year for jury service. As a result, the courts are faced with issues of inconsistency and unpredictability. This study aims to examine some factors that significantly influence jury decision-making by investigating cognitive experiential self-theory (CEST) as a jury decision-making model, unified with attribution theory to better predict verdict outcomes. An online survey was distributed to 121 participants. The respondents were asked to read a civil trial case presentation; they were then randomly divided into two conditions (high and low unrelated detail eyewitness testimony). The testimonies …

The Influence Of Camera Perspective And Viewer Attitudes Towards Police On Perceptions Of Police-Civilian Encounters, Anna-Louise Skidmore

Theses : Honours

Research suggests there may be a Camera Perspective Bias (CPB) effect across different camera footage types which influences viewer perceptions of police use of force encounters. Police body-worn camera (BWC) footage presents a first-person perspective from the officer’s point of view which predominantly captures the civilian. It is suggested that viewing an encounter from this perspective elicits a positive bias towards the officer when compared to CCTV footage. Additionally, research also shows that attitudes towards police influence perceptions of a filmed police-civilian encounters. This research aimed to investigate the effect of different camera evidence types (i.e., CCTV, BWC without audio …

Mental Distress Calls: Should Police Be Frontline Responders?, Audrey Suwarno

Capstone Showcase

Due to an over-reliance on law enforcement, police officers have become frontline responders to individuals suffering with mental illness, despite not being properly trained to handle such situations. Many studies have addressed officers’ feelings of incompetence and lack of preparedness when faced with an individual in distress. Without proper training, police tend to resort to force against individuals in mental distress, which can escalate the situation even further. This paper serves to analyze the excessive use of force that is commonly used amongst police officers during mental distress calls, as well as its potentially dangerous and fatal outcomes for individuals …

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …

Legal Pluralism And Analytical Jurisprudence: An Inapposite Contrast, Jorge Luis Fabra-Zamora

Journal Articles

The intellectual tradition of legal pluralism characterizes itself by way of a contrast to legal centralism or monism. Self-styled pluralists typically attribute centralist and monist views to mainstream theories of law, which I call here analytical jurisprudence. This article argues that the pluralist foundational contrast with analytical jurisprudence suffers from three recurrent defects. First, the pluralist opposition to analytical jurisprudence conflates conceptual questions with empirical, doctrinal, and politico-moral inquiries. Second, pluralists misattribute to analytical jurisprudents an equation between law and state that they do not hold and have the resources to reject. Third, pluralists address the conceptual problems of legal …

The Impact Of Latent Print Processing On Firing Pin And Breechface Impressions During Firearm Examination, Brittany B. Harrington

Master of Science in Forensic Science Directed Research Projects

Latent prints can be a valuable source of forensic evidence when solving a crime. They can verify if a person was at a specific scene, identify unknown individuals to connect them to a scene, and help to corroborate eyewitness accounts. Latent prints, however, are not always visible until they have undergone enhancement or visualization techniques. When fired cartridge cases are suspected of containing latent prints, they are brought in for latent print processing before any firearm analysis is performed. As a result, these cartridges are often coated in various residues or dyes when they arrive for firearm examination. In response, …

Powerplex® Fusion 6c System Versus Powerplex® Fusion 5c: A Comparison Of Performance Metrics, Caitlin M. Mccaughan

Master of Science in Forensic Science Directed Research Projects

Following the FBI mandated expansion of the CODIS core loci from 13 to 20, several manufacturers developed short tandem repeat (STR) typing kits in response to the new criteria. One such manufacturer was the Promega Corporation, which released the PowerPlex® Fusion 5C megaplex STR typing kit (Fusion 5C) in 2012. Currently, the Virginia Department of Forensic Science (VDFS) utilizes this amplification kit for both casework and database applications. In 2015, Promega released the PowerPlex® Fusion 6C STR typing kit (Fusion 6C), which contains three additional loci beyond those included in PowerPlex® Fusion 5C, and a sixth color channel. The power …

The Efficacy Of Recovering Latent Fingerprints From Fired Cartridge Cases By Way Of Cyanoacrylate Fuming Combined With Basic Yellow Dye Staining, Lily Mantz

Master of Science in Forensic Science Directed Research Projects

This experiment attempted to tackle the long-standing struggle to consistently recover latent fingerprints from fired cartridges. With an emphasis on realistic handling of high volume of samples combined with Cyanoacrylate fuming followed by Basic Yellow dye staining, a total of 740 cartridges were examined. These included fired and unfired brass and nickel case 9mm Luger and 40 S&W cartridges. The cartridges were divided into five different groups; each were treated differently prior to cyanoacrylate fuming and dye staining, which was conducted in the same manner for the groups. The groups included the positive and negative controls, loaded, cycled, and fired. …

Differentiation Between Peripheral Blood And Menstrual Blood Using Mirna Markers, Anaya Valentine

Master of Science in Forensic Science Directed Research Projects

Abstract

In forensic investigations, body fluids can provide crucial information and is helpful for corroborating the circumstance of the case. For cases of sexual assaults or homicides, being able to differentiate if the blood is peripheral blood or menstrual blood is important. Peripheral blood can be indicative of a traumatic event, while menstrual blood is of a natural cause. Currently, serology based methods are used for body fluid identification, however, their lack of sensitivity and specificity remains an issue. MicroRNAs (miRNAs) are a class of non-protein coding nucleic acids that are able to be co-extracted with DNA, and their small …