Legal Studies Commons^™

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Law & Economics Working Papers

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …

Semi Structured Interview: Public Perceptions Of Family Resource Centers As Seen By Staff Personnel, With An Emphasis On The Undocumented Community, Eva Gonzalez

Themis: Research Journal of Justice Studies and Forensic Science

The value of Family Resource Centers in communities is examined in this research paper, with a focus on legal advocacy in undocumented communities. To begin, do Family Resource Centers provide sufficient resources to the undocumented population? By 2022, there will be over 3,000 FRCs in 30 states, serving over 2 million people per year. Second, how can the Family Resource Center best support Valley Palms' undocumented population? Finally, do Family Resource Centers play an important role in community development? These are some of the questions that helped lead the research when it came down to semi-structured interviews with employees from …

Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula

Themis: Research Journal of Justice Studies and Forensic Science

The Black Lives Matter movement swept across the United States after the murders of black people at the hands of law enforcement. Not fully acknowledged in the media are the police brutality cases that have also occurred in Canada, a country that prides itself on tolerance, acceptance, and diversity. Police brutality is an unfortunate reality that stems from racial profiling, one of the many symptoms of historically oppressive institutions. In this paper, I will examine police coercion and racial profiling in Canada and the United States. This paper will employ a theoretical framework of conflict theory and minority threat hypothesis …

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Drug Ideologies Of The United States, Macy Montgomery

Helm's School of Government Conference - 2021-2024

The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …

Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey

Political Science Undergraduate Honors Theses

The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.

How To Solve The Initial Appearance Crisis, Malia N. Brink, Pamela R. Metzger, Jiacheng Yu

Deason Center Reports

Across the United States, people are arrested and held behind bars for days, weeks, and sometimes even months, without ever seeing a judge or attorney. These delays violate the United States Constitution’s promise that an arrested person—who is innocent unless proven guilty—will have prompt access to the courts, the assistance of counsel, and a fair and speedy trial.

These due process milestones begin at initial appearance: the first time an arrested person sees a judge about their case. At an initial appearance, the judge should inform an arrested person of the charges against them. The judge should also make an …

The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe

Student Theses

In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …

Crossing Over: A Description Of Dual Status Youth In Taylor County, Texas, Kimberly S. Putnam

Electronic Theses and Dissertations

This study explores and describes the experiences of ten dual status youth in Taylor County, Texas by examining the factors of race, sex, child welfare allegation, and juvenile justice offense. A review of the literature suggests that this population has unique challenges in and outside the courtroom, including being at increased risk for disparate outcomes in later adolescence and adulthood. This study compared single-system child welfare and juvenile justice data from Texas DFPS Region 2 and Taylor County to raw data provided on a sample of ten dual status youth identified in Taylor County from 2017–2021. Findings included a disproportionately …

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …

Relations Between Peer Influence, Perceived Cost Versus Benefits, And Sexual Offending Among Adolescents Aware Of Sex Offender Registration Risk, Cynthia J. Najdowski, Hayley M. D. Cleary, Paige M. Oja

Psychology Faculty Scholarship

A policy's general deterrent effect requires would-be offenders to be aware of the policy, yet many adolescents do not know they could be registered as sex offenders, and even adolescents who do know may still commit registerable sexual offenses. We tested whether peer influences shape the perceived costs/benefits of certain sexual offenses and, subsequently, registration policy's general deterrent potential in a sample of policy-aware adolescents. The more adolescents believed their peers approve of sexting of nude images, the more likely they were to have sexted. For forcible touching, having more positive peer expectations about sex and perceiving forcible touching as …

The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle

The Compass

The Supreme Court, a nine seat bench of unelected and lifetime tenured Justices, determines the constitutionality of dozens of cases each year. In this thesis, I research to what extent the political affiliation of the Justices affects the judicial decision making process and, ultimately, case outcomes. Using pattern matching, I evaluate due process opinions from Justice Breyer, Justice O’Connor, and Justice Scalia, all of whom have established constitutional analysis methods, in order to determine if they reasonably adhere to their established method. Due to the highly political nature of due process cases, variance between the expected (adherence to the Justices’ …

Some Legal And Practical Challenges In The Investigation Of Cybercrime, Ritz Carr

Cybersecurity Undergraduate Research Showcase

According to the Internet Crime Complaint Center (IC3), in 2021, the United States lost around $6.9 billion to cybercrime. In 2022, that number grew to over $10.2 billion (IC3, 2022). In one of many efforts to combat cybercrimes, at least 40 states “introduced or considered more than 250 bills or resolutions that deal significantly with cybersecurity” with 24 states officially enacting a total of 41 bills (National Conference on State Legislatures, 2022).

The world of cybercrime evolves each day. Nevertheless, challenges arise when we investigate and prosecute cybercrime, which will be examined in the following collection of essays that highlight …

Police Funding In The Mountain West, 2020-2022, Lana Kojoian, Miguel Soriano Ralston, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from Third Way’s report “The Red City Defund Police Problem” which provides information on police funding and other metrics on police forces. The original report offers a review of police funding and operating budgets for the 25 largest Democrat-run cities and 25 largest Republican-run cities in the U.S. This fact sheet includes police force data for 10 Mountain West cities (Aurora, CO; Chandler, AZ; Colorado Springs, CO; Denver, CO; Glendale, AZ; Gilbert, AZ; Las Vegas, NV; Mesa, AZ; North Las Vegas, NV; and Phoenix, AZ).

Congressional Oversight Of U.S. Government Programs, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed overview of how the U.S. Congress conducts oversight of federal agency programs. Contents include a letter from a member of Congress to an agency head concerning an environmental development in Indiana, information on the foundations of congressional oversight, details on how Congress may require agency reports on various subjects in public laws, an example of a congressionally mandated report by the Department of Defense, documentation of congressional funding of individual federal agencies, examples of congressional committee hearings, congressional committee issuance of oversight and investigative reports which may include dissenting opinions, Congressional Budget Office cost estimates on congressional committee …

Against Capital Punishment, Zac Bright, Ben Austin (Editor)

Brigham Young University Prelaw Review

Capital punishment has a strong legal precedence in the United States. Capital punishment has been a penal option for those who commit conspicuously wrong acts. For such acts, the punishment seems to be proportional to the crime. In addition to the punishment’s adherence to proportionality, capital punishment mitigates problematic outcomes.

This paper advocates, however, that capital punishment should be classified as “cruel and unusual punishment.” Such violation of the eighth amendment delegitimizes capital punishment. Consequently, The Federal Death Penalty Act of 1994 should no longer be considered a valid law because of its constitutional violation.

Unique Civic Education Program Aims To Teach Young People About Courts And Civility, Robin L. Rosenberg, Beth Bloom

Judicature International

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Spring 2023

Nebraska Transcript

Serving with Integrity

Bradford known for his creative approach to teaching, legal scholarship by Adam Thimmesch

Depending on Denicola for care and excellence by Matthew Schaefer

Potuto brought New Jersey toughness to Nebraska Law by Harvey Perlman

Schopp: from "semi-psychologist" to prolific law, psychology scholar by John Lenich

Solving Problems

Schmid Research Fellows reflect on program’s 10th anniversary

Weitzel explores corporate behavior, leverages global experience

Agosto makes a home at Nebraska Law

Jefferis draws on extensive knowledge as former civil rights litigator and clinic professor

Nebraska Law reunion weekend honoring the classes of 1963, 1973, 1983, 1993, 2003, and 2013

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams

Indiana Law Journal

In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

Doing Death Work: A Mixed Method Examination Of Imprinted Events And Behavioral Responses Of Medical Examiner's Office Employees, Elizabeth L. Gilmore, Kevin Buckler

Qualitative Criminology (QC)

"This study provides a qualitative and quantitative data analysis from interviews of current and former employees of medical examiner offices. These employees’ current and former positions required that they arrive at scenes of natural, accidental, suicidal, undetermined, and homicidal deaths, document and retrieve the decedent(s), and assist in eviscerating the remains to aid forensic pathologists during autopsy procedures. The authors interviewed 14 current or past employees of different medical examiner offices to understand what they liked and disliked about this curious profession and aimed to understand professional struggles. Additionally, study participants answered questions about imprinted events, how they and colleagues …

Editorial, Kevin Buckler

Qualitative Criminology (QC)

This issue contains five articles that utilize various qualitative and mixed methods.

Child Sex Abusers In Protestant Christian Churches: An Offender Typology, Andrew S. Denney

Qualitative Criminology (QC)

Sexual abuse within religious settings has been the focus of prior research for over fifty years. However, most research has focused on the Roman Catholic Church, not Protestant Christian churches. Yet, Protestant Christian Churches are the most prominent religious institutions, both in the physical number of churches and total participants, across the United States. By examining 326 alleged instances of sexual abuse at or through activities provided by U.S. Protestant Christian churches, this study sought to create the first typology of sexual abusers within this setting. This study found that three types of offenders exist within these settings, (1) on-site …

Infidelity, Liability, And Violence, Jason Manning

Qualitative Criminology (QC)

Much criminal violence arises from conflict and is moralistic. The perpetrator is punishing someone for a perceived wrong. Liability refers to accountability for a wrong: Who exactly has to suffer punishment? Here I argue that violence arising from infidelity and sexual jealousy is a strategic research site for studying liability. When these matters trigger lethal violence, there is variation in who the perpetrator targets. Using detailed descriptions of US homicides, as well as the cross-cultural ethnographic literature, I describe and classify three patterns of liability: mate, rival, and dual. I conclude by suggesting sociological factors relevant to explaining these patterns …