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Articles 1 - 30 of 152
Full-Text Articles in Legal Studies
Chains Of Equity: How Nationwide Injunctions Are Unconstitutional, Irfan Mohamed
Chains Of Equity: How Nationwide Injunctions Are Unconstitutional, Irfan Mohamed
Themis: Research Journal of Justice Studies and Forensic Science
Since the early judicial beginnings in the English Courts of Chancery, the principles of equity have guided judicial remedies for centuries. Modern American courts inherited these principles through reception statutes passed by newly independent states, which adopted English common law, including the concept of equity as a means of providing narrowly tailored remedies to resolve specific injuries. This paper examines the historical foundations of equity and argues that nationwide injunctions, which extend beyond the immediate litigants to affect the general public, are inconsistent with these principles and, therefore, unconstitutional. A historical and doctrinal analysis of the English Court of Chancery, …
The Case Against Police Militarization: Stop Turning Police Into Soldiers, Kenia A. Silva Garcia
The Case Against Police Militarization: Stop Turning Police Into Soldiers, Kenia A. Silva Garcia
Themis: Research Journal of Justice Studies and Forensic Science
This paper will critically explore police militarization in the United States, highlighting its origins, implications, and the urgent need to demilitarize them. The rise of militarized police forces began in the 1960s—the War on Drugs and federal programs that allowed military equipment to be transferred to local police departments made their expansion even more possible. Due to this expansion, this paper discusses that police should not be militarized because it increases violence, disproportionately affects marginalized communities, particularly racial minorities, and ultimately fails to reduce crime. Evidence suggests that militarized police forces foster systemic inequalities that are rooted in historical racism—a …
Understanding Deviance Through General Strain Theory: A Study Of The Chowchilla Bus Kidnapping, Yazmin Robles
Understanding Deviance Through General Strain Theory: A Study Of The Chowchilla Bus Kidnapping, Yazmin Robles
Themis: Research Journal of Justice Studies and Forensic Science
The following paper demonstrates the validity of Robert Agnew’s general strain theory. In particular, the paper thoroughly examines empirical support for general strain theory, applies the theory to the infamous 1976 Chowchilla bus kidnapping, and introduces policy recommendations. The paper finds support, limitations, and suggestions for general strain theory through qualitative literature analysis. Clear connections are made between the empirical findings of the theory and the motivation behind the kidnapping. In particular, the paper highlights the significance of financial strain, emotions, and opportunity as motivators in the Chowchilla case. Policy recommendations are made in connection with the theory application to …
How Mass Incarceration Has Destroyed African American Communities, Angeliki Karvounis
How Mass Incarceration Has Destroyed African American Communities, Angeliki Karvounis
Themis: Research Journal of Justice Studies and Forensic Science
Beginning with the “Tough on Crime” movement of the 1970s, policies such as mandatory minimums, the War on Drugs, and the Three Strikes law have reinforced racial disparities in the criminal justice system. Multiple historical and systemic factors have contributed to the disproportionate imprisonment of African American individuals. This paper explores the long-term consequences of incarceration, including the erosion of family structures, the economic marginalization of affected communities, and the perpetuation of poverty and crime. The repercussions of parental incarceration on children and the challenges faced by formerly incarcerated individuals seeking reintegration into society are examples of the long-term consequences …
Prisoner Reentry Into Society Viewed Through The Lens Of Women, Jalak Parekh
Prisoner Reentry Into Society Viewed Through The Lens Of Women, Jalak Parekh
Themis: Research Journal of Justice Studies and Forensic Science
In the 1970s, President Richard Nixon declared a War on Drugs and initiated a series of policies that were intended to combat the use of illegal drugs by implementing severe sentences for drug-related crimes. As a result, the focus of the criminal justice system veered away from rehabilitation efforts. Today, the U.S. criminal justice system has considerably high rates of recidivism. This paper examines the importance of successful reentry into society for formerly incarcerated women, especially those who must resume a caregiver role to their children. However, a relapse into criminal behavior seems imminent due to societal barriers in obtaining …
Human Trafficking: An Examination Of Policies And The Impact Of Trafficking On Victims, Hannah Lyons
Human Trafficking: An Examination Of Policies And The Impact Of Trafficking On Victims, Hannah Lyons
Themis: Research Journal of Justice Studies and Forensic Science
Human trafficking is a pervasive and complex global issue that involves the exploitation of individuals. While there is also the trafficking of objects, this study solely focuses on sexual exploitation and forced labor of humans. This paper defines trafficking and examines the impact that trafficking has on victims’ physical and mental health. This paper also examines the intersection of human trafficking and policies designed to combat it, focusing on the effectiveness of legal frameworks and enforcement mechanisms. By analyzing the strengths and weaknesses of current anti-trafficking laws and initiatives, the paper explores how policies can be improved to better address …
The Lasting Effects Of Gun Violence On Victims And Communities, Anthony Do
The Lasting Effects Of Gun Violence On Victims And Communities, Anthony Do
Themis: Research Journal of Justice Studies and Forensic Science
Gun violence is a pressing public health and criminal justice issue with lasting effects on victims, families, and communities in the United States. The psychological impact of gun violence can contribute to conditions such as post-traumatic stress disorder, anxiety and sleep deprivation. The issues are pronounced within marginalized or disadvantaged neighborhoods. The emergence of 3D-printed “ghost guns” presents further complications in the effort to regulate firearms. The United States stands out for its disproportionately high rates of firearm deaths. The findings in this paper highlight the urgent need for comprehensive prevention strategies that address both the current and future impacts …
The Normalization Of Clandestine Graves In Mexico, Alejandra Vela
The Normalization Of Clandestine Graves In Mexico, Alejandra Vela
Themis: Research Journal of Justice Studies and Forensic Science
Clandestine graves are increasing at an alarming rate in Mexico, as cartels fight for dominance over the wealthiest territories. Those who fall victim to cartels are brutally tortured into submission or are murdered and disposed of. These graves are the preferred method of body disposal by the cartels. By disposing of various victims in hidden locations, the cartels seek to erase the existence of these individuals. Victims are reduced to only bone fragments and ash. Friends and family of those who have gone missing have created a large search organization, Madres Buscadoras, to combat the helplessness of authorities. Madres Buscadoras …
Incorporating Specialized Courses On The Prevention Of Sexual Misconduct In Policing Academies, Nina Nguyen
Incorporating Specialized Courses On The Prevention Of Sexual Misconduct In Policing Academies, Nina Nguyen
Themis: Research Journal of Justice Studies and Forensic Science
A major problem within law enforcement is police sexual misconduct (PSM), where law enforcement officers commit sexual offenses while using the power of their position. Bonds of loyalty and trust between fellow officers are strong enough that offenders have no worries about being reported, even if they are caught. Studies have shown that most offending officers were new to the field or recently completed their training at a policing academy. Since many of the officers committing PSM were fresh out of their training, it indicates that the academy is not training its recruits properly on topics of sexual assault and …
Oviposition And Immature Development Of Blowflies In Forensic Investigations, Amalia Herrera-Benitez
Oviposition And Immature Development Of Blowflies In Forensic Investigations, Amalia Herrera-Benitez
Themis: Research Journal of Justice Studies and Forensic Science
Forensic entomology is a subspecialty within the field of forensic science where insect evidence is analyzed to solve criminal cases. Insects begin to colonize the body, with blowflies being the first insects to arrive. Within minutes, blowflies can lay eggs on a decomposing body, and the larvae will feed once they hatch. The life cycles of blowflies are analyzed to help determine an estimated post-mortem interval (PMI), which is crucial in investigations, as it can help establish a timeline. Various factors, such as temperature and access to the body, can cause delays in the oviposition of blowflies. A delay in …
The Rape Kit Backlog: Problems And Solutions, Tracey Cao
The Rape Kit Backlog: Problems And Solutions, Tracey Cao
Themis: Research Journal of Justice Studies and Forensic Science
This literature review examines the ongoing issue of rape kit backlog in the United States. Rape kits are a means of evidence collection from victims of sexual assault that can be used in court. Across the nation, many state jurisdictions have hundreds and thousands of rape kits left untested and locked away in storage facilities. Consent for testing, police bias, and funding issues are the main issues that will be addressed. Many victims choose not to have their kits tested. Other kits never get tested due to police choosing not to submit a kit due to their bias against some …
Detection Canines: An Insight Into Investigative Working Dogs, Adriana Pliego
Detection Canines: An Insight Into Investigative Working Dogs, Adriana Pliego
Themis: Research Journal of Justice Studies and Forensic Science
In a comprehensive exploration of detection canines, this paper aims to research the depth of their utilization by many investigative agencies and fields. A relevant case is discussed to present the application of detection canines and how they are useful for investigative measures. Shedding light into the various components of detection canines, this paper will discuss desirable canine characteristics that are sought out. On the other hand, undesirable characteristics are also discussed to inform recruiters of which attributes they should opt out of. This paper continues to discuss the roles and capabilities of detection canines given their unique potential. Then, …
The Role Of Criminology In The Courtroom, Nia Mehroke
The Role Of Criminology In The Courtroom, Nia Mehroke
Themis: Research Journal of Justice Studies and Forensic Science
Criminology and expert witness testimony play a crucial role in modern-day court proceedings. Scientific data and insights utilized in criminology can assist with seeking justice and fairness. This essay aims to provide a basis for the history of criminology and define the practice. It will explore the evolution of criminology practices and how theories have developed that are still utilized today. Furthermore, it will discuss criminologists’ many contributions as expert witnesses, including the role of ethics that criminologists must follow in court. Some key ideas presented include the methodologies criminologists use to present evidence and what standard criminologists must follow …
Forensic Psychology Of Serial Killers, Karla Suarez
Forensic Psychology Of Serial Killers, Karla Suarez
Themis: Research Journal of Justice Studies and Forensic Science
Many serial killers share patterns in psychological and neuropsychological disorders and behaviors. These behaviors and patterns should be recognized and acknowledged to understand why serial killers murder without remorse or guilt. It is important to discuss matters such as common patterns, typologies, and characteristics within serial killers. After looking at these essential aspects of serial killers, common neurodevelopmental disorders, brain damage, and biological epigenetics will be further explored. In order to fully assess this topic, forensic psychology and behavioral analysis are essential to aid in understanding serial killers and how their brains function to lead them to the actions that …
Comparative Analysis Of Forensic Science Systems: Scotland Vs. America, Alec Noland
Comparative Analysis Of Forensic Science Systems: Scotland Vs. America, Alec Noland
Themis: Research Journal of Justice Studies and Forensic Science
Forensic science plays an important role in the justice system of both the United States and Scotland, but the structure, application, and effectiveness differ significantly. This research paper presents a comparative analysis of forensic science in two different legal and institutional contexts, examining differences between the two forensic science systems. This includes forensic laboratories and services, education and training, policing, court procedures, legal framework, and crime scene investigation. The analysis highlights significant differences such as Scotland’s centralized system versus America’s decentralized system, which impacts resource allocation and standardization for forensic science. Despite major differences, both countries emphasize scientific reliability, standardized …
The Silent Killer In Women's Prisons, Samantha Boman
The Silent Killer In Women's Prisons, Samantha Boman
Themis: Research Journal of Justice Studies and Forensic Science
If present in the body for an extended period, the human papillomavirus (HPV) can cause aberrant cells to develop in the cervix. Left undetected, these abnormalities can manifest into cancer. Incarcerated women are among the highest demographic to be diagnosed with cervical cancer - diagnoses that could be averted through HPV vaccinations, regular cervical cancer screenings, Pap smears, and comprehensive sexual education. The lack of these preventative measures points to an insufficiency of reproductive healthcare within women’s prisons. In its early stages, cervical cancer is asymptomatic. Once symptoms appear, damage to the body is irreparable. The absence of symptoms before …
Current Challenges Of Digital Forensics, Alec Noland
Current Challenges Of Digital Forensics, Alec Noland
Themis: Research Journal of Justice Studies and Forensic Science
Criminals have access to advanced technology that enables them to carry out malicious activities, often leaving behind digital evidence. Digital forensics is the scientific investigation of digital evidence that aims to uncover criminal activity and prevent further disruption. The increase in cybercrime has made digital forensics an essential aspect of the justice system. However, the field is currently struggling to keep up with the rapidly growing threat of cybercrime due to several challenges. One of these challenges stems from a lack of universal standardization in required qualifications, education, and training, causing discrepancies between agencies and organizations. The pace of technological …
Taser Use In Law Enforcement: Examining Effectiveness, Medical Consequences, And Ideal Scenarios, Benjamin Smyers
Taser Use In Law Enforcement: Examining Effectiveness, Medical Consequences, And Ideal Scenarios, Benjamin Smyers
Themis: Research Journal of Justice Studies and Forensic Science
The methods police officers use to detain resisting subjects have changed over time. One addition to their methods is the Thomas A. Swift Electric Rifle (TASER), which hinders subjects using electric shock. This paper examines the effectiveness of the TASER, the potential risk of injury for suspects, and scenarios where its use is most likely to succeed. Since its adoption, the TASER has reduced the likelihood of injury to officers and suspects and is more effective against heavy-set and intoxicated individuals. Although extremely unlikely to result in death, injuries are more likely when used against mentally disturbed people and in …
The Limitations And Future Of Isotope Analysis In Forensic Anthropology, Kris Weller
The Limitations And Future Of Isotope Analysis In Forensic Anthropology, Kris Weller
Themis: Research Journal of Justice Studies and Forensic Science
This research paper will discuss the applications of isotope analysis in forensic anthropology, focusing on the limitations of this technique and its potential future uses. Isotope analysis is based on the principle that isotope ratios vary across geographic regions and that humans incorporate those unique isotope ratios into their bodies when they eat and drink. Forensic anthropology uses isotope analysis to determine a decedent’s approximate region of origin or residence. It is especially in cases where the remains are partially or highly decomposed, and when other avenues of investigation have been exhausted. In its current form, the applications of isotope …
Understanding Cadaver Dogs, Carlyn Sampson
Understanding Cadaver Dogs, Carlyn Sampson
Themis: Research Journal of Justice Studies and Forensic Science
The exploration of cadaver dogs as an accuracy and reliability tool in the field of forensic science. Due to limited research on cadaver dogs, this paper will illustrate the main factors that are crucial to making reliable and accurate scent detection dogs. It also highlights the olfactory system of dogs, which sets them apart from other mammals and enables them to detect scents with a high degree of accuracy. It will dive into the research on the genetics of canine olfaction, and the role of olfactory receptor genes in scent identification. It is demonstrated that different dog breeds are comparable …
Deconstructing Drugs: Addressing The Stigma, Harm Reduction, And Policy Solutions, Charlotte Theriault
Deconstructing Drugs: Addressing The Stigma, Harm Reduction, And Policy Solutions, Charlotte Theriault
Themis: Research Journal of Justice Studies and Forensic Science
Black and homeless people who struggle with substance use disorder (SUD), especially opioid use disorder (OUD), have experienced unique obstacles due to inequalities relating to their social determinants of health (SDOH). Historical context and peer-reviewed research were used to evaluate racial bias and expand upon the factors that contributed to the opioid crisis, the effects of COVID-19 on drug overdoses, and the presence of fentanyl in illicit drug supplies. Various studies combat the stigma surrounding substance use disorder (SUD) by acknowledging the disease as a chronic health condition. Research showed that the most effective way to combat these inequalities and …
Child Pornography: A Growing Threat For Forensic Science In The Digital Age, Nadia Palomares
Child Pornography: A Growing Threat For Forensic Science In The Digital Age, Nadia Palomares
Themis: Research Journal of Justice Studies and Forensic Science
In the United States, child pornography is any visual portrayal of people under the age of eighteen in sexually explicit circumstances. Child pornography can be found in multiple forms. With each advancement in visual technology, there is a new form in which sexual content, including child pornography, can be depicted. Photographs, films, videos, and live streaming are all popular modern forms, while artwork and the written word were popular forms before the invention of the camera in 1816. Unfortunately, the rate of these advancements in technology has far surpassed the rate of those in forensics. The use of outdated techniques …
The Use Of Microbiome Sequencing To Identify Individuals In Forensic Science, Sophia Konieczny
The Use Of Microbiome Sequencing To Identify Individuals In Forensic Science, Sophia Konieczny
Themis: Research Journal of Justice Studies and Forensic Science
The Human Genome Project's (HGP) completion in 2003 laid the groundwork for further research into the human body. This paved the way for microbiome sequencing, revealing the diverse microbial communities within the human body. These advancements led to the emergence of microbial forensics, leveraging Next Generation Sequencing (NGS) technologies like Amplicon sequencing and shotgun metagenomics for individual identification. Unlike traditional genetic profiling, microbiome analysis provides insights beyond genetic profiling, offering information about an individual's lifestyle and environment. Microbial communities on the skin's surface and objects can serve as trace evidence, aiding in suspect identification and investigative leads. Despite its promise, …
Privatized Immigration Detention In California And The Opportunity For Reform, Natalie Lager
Privatized Immigration Detention In California And The Opportunity For Reform, Natalie Lager
Themis: Research Journal of Justice Studies and Forensic Science
The expanding literature on “crimmigration” law has turned academic attention toward the state of carceral immigration detention in the U.S. Immigration detention has increasingly become a private enterprise, which raises new concerns for immigrant rights and the political legitimacy of privatizing carceral institutions. California’s private detention centers have an alarming record of Constitutional violations, and detention corporations are seldom penalized for violating immigrants’ rights. In response, the California legislature passed AB 32 to ban private prisons and detention centers. In Geo Group v. Newsom (2020), the Ninth Circuit Court struck down the ban. Laws that dismantle private detention, such as …
Turning Points: An Evaluation Of Formal And Informal Interventions In The Life Of Ex-Offenders, Kapil Sharma
Turning Points: An Evaluation Of Formal And Informal Interventions In The Life Of Ex-Offenders, Kapil Sharma
Themis: Research Journal of Justice Studies and Forensic Science
In life course criminology, turning points and how they relate to the desistance process have received considerable attention. Scholars have proposed that significant events in people's lives, such as employment, marriage, and parenthood, strengthen their social ties and cause them to refrain from committing crimes. This study uses data from the Record Clearance Project of San Jose State University to identify concrete, significant "turning points" in the lives of ex-offenders. Therefore, this study aimed to investigate specific "turning points" events in offenders' life courses that compelled them to stop anti-social behavior and develop a pro-social identity, as well as the …
The Downfall Of Capitalism: Its Exploitation Of Mental Health And The Working Class, Joanna Castaneda
The Downfall Of Capitalism: Its Exploitation Of Mental Health And The Working Class, Joanna Castaneda
Themis: Research Journal of Justice Studies and Forensic Science
Capitalism has been part of American culture for so long, but so has the topic of mental health. America has seen high rates of mental health issues occurring among working-class people of America. High-end companies making billions of revenues have taken advantage of their workers, leaving many to rely on working multiple jobs to get their families by. As for women and minorities, the job setting has not come easy for many as they face major inequality in the workforce and setbacks in wanting to reach positions. Capitalism has shown that income inequality has made life in America difficult, leaving …
Discovering A Pathway To Reestablishing Policing By Consent In The United States, Everett Glynn
Discovering A Pathway To Reestablishing Policing By Consent In The United States, Everett Glynn
Themis: Research Journal of Justice Studies and Forensic Science
Policing in the 21st century faces issues with leadership and accountability within officer ranks. Police organizations increasingly resemble paramilitary organizations, from their hierarchy to their eagerness to use force. Investigations into the conduct of the Minneapolis, Chicago, and Ferguson police departments uncover widespread, paternal issues of abuse from police officers. The abuse includes paternal excessive force, discrimination, and even the social media targeting of community members of color Solutions proposed from President Obama’s Task Force on 21st Century Policing, combined with a proposition to espouse Sir Robert Peel’s Principles of community policing, offer a pathway toward regaining the …
Advancements In Technology To Solve Cold Cases, Melissa Hernandez
Advancements In Technology To Solve Cold Cases, Melissa Hernandez
Themis: Research Journal of Justice Studies and Forensic Science
The purpose of this paper is to highlight the crisis of cold case investigations and discuss the advancements being made in this area over the last four decades. Technology such as CCTV cameras, DNA Phenotyping, and Genetic Genealogy have allowed many cases to be reopened but there are still not enough resources or funds to close the immense number of unsolved cases. There are also ethical concerns being addressed to allow for this technology to continue to be applicable. In some instances, it takes a combination of preexisting technology and new applications to work around previous barriers in investigations. Despite …
Examining The Relationship Between Legal Systems And Forensic Science: Current Issues And Proposed Solutions, Rowan Dunton
Examining The Relationship Between Legal Systems And Forensic Science: Current Issues And Proposed Solutions, Rowan Dunton
Themis: Research Journal of Justice Studies and Forensic Science
Forensics and legal systems are often seen working together, but the relationship between the two disciplines is thornier and more complex than it may appear on the surface. This paper will examine why courtrooms struggle to accommodate forensic fields, how the nature of science can impede its utilization in court, and where legal education may fall short in educating students about the forensic sciences. After the literature is reviewed, solutions will be proposed to address each area of concern. Where possible, these solutions expand on existing infrastructure and ideas to make them easier to incorporate. Since the greater-scope issue is …
Los Angeles Homeless Encampments: East Of Mainstreet, Desarey Castellanos
Los Angeles Homeless Encampments: East Of Mainstreet, Desarey Castellanos
Themis: Research Journal of Justice Studies and Forensic Science
Homelessness can impact a person’s ability to navigate public spaces, find employment, meet basic subsistence, and have access to essential social services. Instead, the long-term consequences of homelessness have been focused of the criminalization of unhoused people. This fieldwork analyzes the daily obstacles that individuals face east of main street in downtown Los Angeles. Although wide variation exists from different locations many challenges stemming from mental illness, substance use disorder, and ostracization from mainstream society make these circumstances increasingly difficult to navigate. All these factors are influenced by the policy environments that continuously impact these targeted populations. I will present …