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Articles 661 - 690 of 9810
Full-Text Articles in Legal Studies
Factors Influencing The Credibility And Believability Of Victims Of Sexual Assault, Stephanie Carlson
Factors Influencing The Credibility And Believability Of Victims Of Sexual Assault, Stephanie Carlson
Political Science Theses and Capstones
The purpose of this research is to answer the question of which factors that influence the believability of a woman who comes forward to disclose a sexual assault are the most impactful. My methodology consisted of conducting interviews with attorneys who have participated in both the defense and prosecution of criminal sexual conduct cases to evaluate whether the trends revealed in the literature on a macro scale apply to the micro-scale in northern Minnesota. Findings showed that the majority of patterns revealed in the literature did in fact influence the credibility of victims of sexual assault in Beltrami County, Minnesota …
Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy
Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy
Masters Theses
In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic …
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie
Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie
Theses and Dissertations
The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …
Against The Death Penalty, Charles Jessup
Against The Death Penalty, Charles Jessup
Departmental Honors & Graduate Capstone Projects
My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
[Archive] Belmont University Research Symposium (BURS)
The research encompassed a study on the consistency in judicial interpretations and factors that influenced U.S. Supreme Court decisions. To do this, the study explored literature and theoretical perspectives relating to judicial interpretations and decisions. The target population entailed officers in the Office of the Solicitor General for their experience in Court rulings. Interviews were conducted among ten respondents, with data collected, coded, and analyzed. The study results were then presented, discussed, and conclusions derived from them. Generally, the study found serious inconsistencies in interpretations not only between justices but also in almost similar cases. Decisions by justices were conflicting …
Court Legitimacy & The Shadow Docket, Colton Tilley
Court Legitimacy & The Shadow Docket, Colton Tilley
Honors Capstones
No abstract provided.
Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack
Credible: Why We Doubt Accusers And Protect Abusers: A Book Talk With Author Deborah Tuerkheimer, Deborah Tuerkheimer, Emily Sack
School of Law Conferences, Lectures & Events
No abstract provided.
The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow
The War On Drugs, Moral Panics, And The Groundhog Day Effect: Confronting The Stereotypes That Perpetuate The Cycle Of Disparity, Tasha Withrow
The Mid-Southern Journal of Criminal Justice
There has been a specter haunting America for over 400 years. That specter is an insidious and destructive beast that has found its way into every crevice and layer of all American institutions. Racism, racial stereotypes, racial stigma, biases, and White supremacy has infiltrated every power structure since the foundation of America and has created a system of social control that has perpetually oppressed, marginalized, and disenfranchised generations of people of color. One of the most catastrophic by-products generated from America’s historic racist ideology has been that of the over-criminalization of people of color for drug crimes justified by discriminatory …
The Surge Of Unaccompanied Minors At The U.S.-Mexico Border, Lauren Werner
The Surge Of Unaccompanied Minors At The U.S.-Mexico Border, Lauren Werner
Political Science Theses and Capstones
No abstract submitted.
La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch
La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch
Independent Study Project (ISP) Collection
Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …
Getting Gideon Right: Eligibility For Appointed Counsel In Texas Misdemeanor Cases, Andrew L.B. Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy, Alex Romo
Getting Gideon Right: Eligibility For Appointed Counsel In Texas Misdemeanor Cases, Andrew L.B. Davies, Blane Skiles, Pamela R. Metzger, Janelle Gursoy, Alex Romo
Deason Center Reports
In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.
Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves
Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves
Honors Thesis
This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards of …
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Independent Study Project (ISP) Collection
Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …
Creating Tomorrow’S Change-Makers: Using Alternative Media In The 1l Skills Classroom To Connect Students With Real Practice And Enhance Established Methods For Teaching Appellate Advocacy, Marni Goldstein Caputo, Kathleen Luz
Creating Tomorrow’S Change-Makers: Using Alternative Media In The 1l Skills Classroom To Connect Students With Real Practice And Enhance Established Methods For Teaching Appellate Advocacy, Marni Goldstein Caputo, Kathleen Luz
Faculty Scholarship
Fostering that idea of lawyers as change-makers can be difficult in the typical 1L curriculum. The traditional, doctrinal law school classroom typically has a formula comprised of extensive textbook reading, the Socratic classroom, in which that reading is processed in a large group, and, finally, a cumulative, high-stakes exam at the end of the semester.6 That formula has largely not changed for decades.7 The lawyering skills classroom is often the only outlier from that formula for first-year law students.8 Even so, the skills classroom can be formulaic in its own right—introduction of an assignment, classroom instruction regarding …
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Japanese Society and Culture
When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and law” …
Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough
Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough
Qualitative Criminology (QC)
While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …
“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov
“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov
Qualitative Criminology (QC)
While an increasing number of researchers, non-profit organizations, and law enforcement agencies have expressed growing concern about the relationship between involuntary celibates (i.e., incels) and violence, no research to date has examined the potential for suicide and self-harm among men who call themselves incels. This study examines suicide posts shared to incel sub-Reddits that were collected by u/IncelGraveyard (N=80). The posts reveal that the notes discuss six subordinate themes, including the method of their planned attempt, the ways they used the internet, the online incel community, failed alternatives and coping, the effects of their suicide on others, and the afterlife. …
Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli
Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli
Qualitative Criminology (QC)
The current ethnographic study reflects my participation in elements of the three stages of the correctional officer training program (CTP) offered by the Correctional Service of Canada (CSC). Unpacking my experience, I use Van Maanen and Schein (1977) theory of organizational socialization to analyze the formal and informal socialization processes inherent to the structure of the training academy. Thematic reflection on informal socialization processes reveal that the pressures tied to module content and testing reinforce values welcomed by CSC, such as organizational commitment, before the recruit’s arrival at the academy. Moreover, at the academy, where the emphasis remains on organizational …
Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh
Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh
Qualitative Criminology (QC)
Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …
Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford
Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford
Qualitative Criminology (QC)
The significance of social supports throughout an individual’s life-course has been widely documented. However, there is ambiguity about whether social supports are likely to encourage or discourage reoffending. The current study qualitatively examines the kinds of support offered to a sample of probationers and parolees by their social support networks through a thematic analysis of transcripts gained from semi-structured interviews with 15 clients and 16 of their “PoPPs” (parents/partners/peers of probationers and parolees). Results indicate that there are several forms of support provided by correctional clients’ loved ones. These forms of support were well-received by the clients who considered them …
Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto
Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto
National Youth Advocacy & Resilience Conference
We'll explore tangible ways to advocate for BIPOC students who've experienced educational disruptions. We’ll discuss the methods and model The Bars to Bridges Program uses to successfully transition justice involved youth into their academic settings and maintain engagement in education.
Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale
Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale
Dignity: A Journal of Analysis of Exploitation and Violence
This study describes tax evasion or fraud in the United States sex market. Prior to this study, scholars have recognized the problem of tax evasion in the commercial sex market as an obstacle to national revenue collection. Tax violation and fraud investigations also are ways to combat the illegal commercial sex industry. However, no studies have focused on the problem in the United States sex market. Hence, this study aims to describe tax evasion or fraud methods used by the criminals operating in the United States sex market. This study relies on both quantitative and qualitative methods to examine the …
Editorial Foreword Ijsls Volume 1 Number 2, Sulistyowati Irianto
Editorial Foreword Ijsls Volume 1 Number 2, Sulistyowati Irianto
The Indonesian Journal of Socio-Legal Studies
No abstract provided.
Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi
The Indonesian Journal of Socio-Legal Studies
This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …
Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz
Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz
Master of Arts in Criminal Justice Leadership
The United States prison system functions on a binary of male and female inmates. Transgender, non-binary, gender non-conforming, and intersex individuals challenge the limits of these systems and their policies. This paper addresses how to create policy for transgender individuals and what the policies should include. The best practice for creating policies involves basing them in solid ethics. Looking at different ethical theories will help solve ethical dilemmas involving housing, searching, and other policies for transgender and gender non-conforming inmates. To ensure that policies coincide with the law, an examination of case law provides the legal background for these policies. …
Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden
Law School News: Rwu Law Receives Major Gift & Matching Challenge To Launch Scholarship Supporting Diverse Students, Public Interest Careers 02/22/2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
Journal Articles
This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, …
Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter
Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter
St. Mary's Journal on Legal Malpractice & Ethics
When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …
Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry
Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry
Department of Statistics: Faculty Publications
We have outlined several problems with the state of error rate studies on firearm and toolmark examination. Fundamentally, we do not know what the error rate is for these types of comparisons. This is a failure of the scientific study of toolmarks, rather than the examiners themselves, but until this is corrected with multiple studies that meet the criteria described in Section 3, we cannot support the use of this evidence in criminal proceedings.
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
2022 Symposium
The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …