Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons™

Open Access. Powered by Scholars. Published by Universities.®

San Jose State University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 121 - 150 of 152

Full-Text Articles in Legal Studies

The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge May 2015

The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge

Themis: Research Journal of Justice Studies and Forensic Science

The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …


Reducing Contamination In Forensic Science, Carly Balk May 2015

Reducing Contamination In Forensic Science, Carly Balk

Themis: Research Journal of Justice Studies and Forensic Science

The sensitivity of modern forensic techniques has drastically increased, with sensitive technology detecting even the smallest traces of DNA evidence left behind. This has made it possible to detect DNA profiles deposited through contamination. When DNA contamination occurs in forensic science, it has the potential to change the outcome of a criminal investigation and may have significant social and financial repercussions. A compilation of global research shows that DNA evidence transfer can occur during forensic product manufacturing, the fingerprinting process, or even autopsy and crime lab examinations. These vital areas of the forensic investigation are vulnerable to contamination, and national …


Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner May 2015

Did They Ever Stand A Chance? Understanding Police Interrogations Of Juveniles, Brian Werner

Themis: Research Journal of Justice Studies and Forensic Science

The Miranda v. Arizona (1966) decision was a pivotal case in the United States. It afforded rights to suspects and defendants against self-incrimination and representation during police interrogations. Miranda ensured police read individuals in custody their rights before interrogations. However, what happens when individuals being read their rights do not fully comprehend the significance of what the police are telling them, whether it is because of lack of comprehension due to brain development, or susceptibility to the influence of those questioning them? The courts have examined these direct issues when it comes to “voluntary” confessions made by juveniles. Several cases …


Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz May 2015

Prison Privatization: Driving Influences And Performance Evaluation, Carla Schultz

Themis: Research Journal of Justice Studies and Forensic Science

United States conservatism and neoliberalism have created a market for prison privatization. The business of making money from incarcerated bodies is in direct conflict with the goals of the justice system. Driving economic and political forces are examined and used to explain the rising prison-industrial complex. Private prison performance is measured by recidivism, cost, inmate rights, and quality of confinement. This paper suggests that prison privatization must be reformed or abolished to improve the corrections system in the United States.


No One Cried For Help: The Integration Of Groupthink Into Modern Rape Culture, Jourdin Hermann May 2014

No One Cried For Help: The Integration Of Groupthink Into Modern Rape Culture, Jourdin Hermann

Themis: Research Journal of Justice Studies and Forensic Science

Rape symbolizes lost innocence. Many young females increasingly endure sexual violence at the hands of multiple male assailants. Despite the common coupling of group dynamics and rapes, little evidence proposes Irving Janis’s theory of groupthink as one plausible explanation. This paper argues that the two concepts are related; groupthink needs to hold a more prominent position within the sexual violence literature. A case in the small town of Steubenville, Ohio provides the backdrop for investigating how groupthink impacts instances of gang rapes. Integration of the scholarly literature available on groupthink and sexual violence establishes the basis of this research. Janis’s …


Long-Term Physical And Mental Health Effects Of Domestic Violence, Kavita Alejo May 2014

Long-Term Physical And Mental Health Effects Of Domestic Violence, Kavita Alejo

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence is an issue affecting people of all ages, races, genders, and sexual orientations. Violence against men and same-sex domestic violence are often considered less of a threat to society and to the people involved, but it is important to understand that male-on-female violence, female-on-male violence, and same-sex violence all involve serious consequences to the victim’s and batterer’s short- and long-term health. This paper determines whether men or women suffer from more long-term health problems caused by domestic violence by comparing the currently published statistics on the prevalence of domestic violence in heterosexual and homosexual relationships, and analyzing the …


Dna Typing Compatibility With A One Step Saliva Screening Test, Nicole Roda, Steven B. Lee, Brooke Barloewen, Tahnee Mehmet May 2014

Dna Typing Compatibility With A One Step Saliva Screening Test, Nicole Roda, Steven B. Lee, Brooke Barloewen, Tahnee Mehmet

Themis: Research Journal of Justice Studies and Forensic Science

Screening a substrate for bodily fluids is an extremely important step for locating areas that may contain DNA. Several different methods have been developed for saliva (1). The Phadebas® Forensic Press (PFP) test is a presumptive saliva test that utilizes a preloaded paper that will react with the enzyme amylase, a component of saliva (2-5). Because of its ability to screen for amylase while simultaneously locating stains, the PFP may prove to be an effective, rapid method for screening. However it is important to assess whether the PFP introduces any inhibitors (7) to downstream processing such as PCR amplification. Based …


Neuroimaging And Eyewitness Testimony, Madysen Gardner May 2014

Neuroimaging And Eyewitness Testimony, Madysen Gardner

Themis: Research Journal of Justice Studies and Forensic Science

This paper will explore how breakthroughs in neuroscience, specifically neuroimaging, can be used to validate eyewitness testimony. Though the use of direct evidence is decreasing, due to findings of numerous wrongful convictions that were based on eyewitness testimonies, it is still an element of many criminal trials today. Cross-examination is used to validate eyewitness testimony because memories are fallible. Cross-examination can successfully determine if a witness is telling the truth, but it cannot determine if a memory is true. This has resulted in juries convicting individuals based on questionable eyewitness testimony. Neuroscientists have found that neuroimaging methods, such as functional …


Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken May 2014

Attitudes Toward The Way Courts Deal With Criminals, Chelsea Van Aken

Themis: Research Journal of Justice Studies and Forensic Science

The way courts treat criminals depends on a variety of factors. This paper examines how age, sex, and race affect an offender’s treatment during sentencing. These variables were collected using the 2010 General Social Survey and were tested using the SPSS 20.0 Student Version Statistical Software. The independent variables include age, race, and sex, while the dependent variable is the way courts deal with criminals. The hypotheses that were tested stated that older individuals, nonwhite persons, and men would believe that courts deal too harshly with criminals. The conclusion found that none of the variables showed a significant correlation; therefore, …


The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman May 2014

The Unfair Sentencing Act: Racial Disparities And Fiscal Consequences Of America's Drug Laws, Kristin Zimmerman

Themis: Research Journal of Justice Studies and Forensic Science

In 1986, the United States government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. The result of this was a mass influx of African Americans to US penitentiaries and minimal to zero reduction of crack convictions. Because the Anti-Drug Abuse Act of 1986 recognized 100 grams of cocaine as equivalent to one gram of crack, it has been perceived not as a war on drugs, but as a war on a war on minorities. The mass incarceration of drug offenders also led to severely damaging fiscal consequences …


The Stigmatization Of Individuals Convicted Of Sex Offenses: Labeling Theory And The Sex Offense Registry, Carla Schultz May 2014

The Stigmatization Of Individuals Convicted Of Sex Offenses: Labeling Theory And The Sex Offense Registry, Carla Schultz

Themis: Research Journal of Justice Studies and Forensic Science

The sex offender registry currently lists over half a million U.S. citizens as sex offenders. Modern day legislation directed toward sex offenders was born in an era of public fear and rash decision-making. Terrible consequences have since been identified as resulting from the labeling of sex offenders via the registry. These unintended consequences socially, economically, and psychologically influence the lives of sex offenders. Labeling theory states that individuals who are given a label eventually subscribe to that label; in other words, it becomes a self-fulfilling prophecy. In the case of sex offenders, this can only mean more damage to society. …


Immigration Control And The Punitive Turn, Eduardo Batista May 2014

Immigration Control And The Punitive Turn, Eduardo Batista

Themis: Research Journal of Justice Studies and Forensic Science

The “punitive turn” describes the penalizing and disciplinary focus the United States has implemented in regulating problem populations since the late 1970s. This period has welcomed the era of mass incarceration in which the US penal population has exploded to levels not seen anywhere else in the world. The rise in the use of prisons and jails has been accompanied by the retrenchment of the welfare state, attacks on affirmative action policies, continued segregation in education and housing, and a growing gap between the rich and the poor. All of these have essentially erased the gains made by the Civil …


Democracy, Prison, And Public Safety Realignment: Renewing Our Imagination, Kimberly Turner May 2014

Democracy, Prison, And Public Safety Realignment: Renewing Our Imagination, Kimberly Turner

Themis: Research Journal of Justice Studies and Forensic Science

The American carceral condition has waged a 200-year-old struggle where the lives of the guilty, the innocent, and the victimized have taken center stage in a debate centered on rehabilitation, reformation, and revenge. The drama has undergone a number of revisions from great scholarly authors, multidisciplinary intellectuals, and literary muses. Despite a number of new renderings, the central themes of the American prison have remained constant, and just as there have been builders of prisons, there have been forces intent on their destruction. The current state of the American carceral condition has burgeoned since the neoliberal political and economic shift …


Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth May 2014

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Involuntary psychiatric treatment occurs under such conditions as the medicating or placing in treatment facilities of patients without their consent. Such involuntary treatment has been litigated in the Supreme Court; however, the Court’s rulings have been applied to incarcerated persons, with the notable exception of the 1975 ruling in O’Connor v. Donaldson, a case argued as a civil rights violation. Using O’Connor v. Donaldson as a framework, this paper argues that forcing non- violent psychiatric patients to take medication, or be otherwise treated against their will, is an unethical practice and must be discontinued. This practice of forcible treatment violates …


The Lingering Killer: Agent Orange, Sharon Ungerfeld May 2014

The Lingering Killer: Agent Orange, Sharon Ungerfeld

Themis: Research Journal of Justice Studies and Forensic Science

This paper explores the utilization of the chemical herbicide, Agent Orange, as it was sprayed over Vietnam during the Vietnam War in 1961 to 1971. The United States government, military, and corporations acted irresponsibly by creating the chemical and spraying it as a war tactic. The outcome of the spraying includes detrimental socioeconomic impacts, environmental degradation, and health problems. The socioeconomic impact is explained with statistics and an explanation of loss of job and education capabilities. With data on the destroyed trees and vegetation, this paper demonstrates the degree to which the environment faced harm. The health effects of Agent …


Police Academy Training: An Evaluation Of The Strengths And Weaknesses Of Police Academies, Olga Bykov May 2014

Police Academy Training: An Evaluation Of The Strengths And Weaknesses Of Police Academies, Olga Bykov

Themis: Research Journal of Justice Studies and Forensic Science

The purpose of this paper is to give an overview of the historical and current protocols which have existed in police academies, with a focus on the gender issues being faced by female police officers. The development of the police force is examined, with explanation of the differences and developments aligning with each era of history. Next, current police practices are elaborated upon, emphasizing the difficulties women experience in becoming police officers and where the ideologies of the police academies originated. Finally, suggestions are given based on research findings in order to reduce the ideological divides that occur in the …


The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic May 2013

The Crisis Of Secularism: How Democracy Fuels Moral Panics And Religious Fundamentalism, Pedja Ilic

Themis: Research Journal of Justice Studies and Forensic Science

While identifying humanity’s most cherished ideals, there is one notion that ultimately supplants all others: the notion of freedom. The concept itself and its encompassing rhetoric have been utilized ad nauseam by virtually all contemporary social orders to validate the levels of civilizational maturity and, perhaps more importantly, to set goals to which the same should strive. However, irrespective of its categorical position at the very summit of conscious human existence, its interpretational elasticity allows for a diminishing number of concessions. This paper offers critique and examines interactions between multiculturalism, cultural relativism, religion, and secularism within contemporary Western societies. It …


Reducing California's Overcrowded Prison Population, Morgan Macdonald May 2013

Reducing California's Overcrowded Prison Population, Morgan Macdonald

Themis: Research Journal of Justice Studies and Forensic Science

This paper evaluates how “tough on crime” sentencing policies have influenced California's prison population. Several laws which make up the state's strict criminal justice practices were passed over the course of forty years without consideration for their impact on the state's budget and safety. Beginning with the Uniform Determinate Sentencing Act of 1976, the state has created an unsustainable prison system that will dissolve without increased public funding. However, California’s depleted economic condition has forced policymakers to reevaluate the state's criminal justice agenda, while complying with the three- judge court order to reduce its incarcerated population to 137.5 percent of …


The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber May 2013

The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber

Themis: Research Journal of Justice Studies and Forensic Science

Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …


Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser May 2013

Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser

Themis: Research Journal of Justice Studies and Forensic Science

As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …


Comparing Wearer Dna Sample Collection Methods For The Recovery Of Single Source Profiles, Corissa J. Harris, Amanda J. Cardenas, Steven B. Lee, Brooke Barloewen May 2013

Comparing Wearer Dna Sample Collection Methods For The Recovery Of Single Source Profiles, Corissa J. Harris, Amanda J. Cardenas, Steven B. Lee, Brooke Barloewen

Themis: Research Journal of Justice Studies and Forensic Science

Wearer DNA is the deposit of epithelial cells on clothing worn by an individual. Detection of the last individual to handle or wear an item is often an important and desirable determination in forensic science. The most commonly used collection methods for wearer DNA include swabbing and scraping. These often result in mixture profiles. Recently, adhesives have been introduced as a possible reliable method for the collection of biological evidence. The goal of the research was to compare the current collection methods of swabbing and scraping with a gel film called Gel-Pak ‘0’ which shares similar properties with adhesives. Gel-Pak …


Review Of Capote’S In Cold Blood, Yevgeniy Mayba May 2013

Review Of Capote’S In Cold Blood, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.


The Patriot Act: Liberty Afire, Mark Fox May 2013

The Patriot Act: Liberty Afire, Mark Fox

Themis: Research Journal of Justice Studies and Forensic Science

The USA PATRIOT Act was written and passed into law in the United States within weeks of the devastating 9/11 terrorist attack. Its purpose was to strengthen and realign U.S. policy to allow greater judicial power to better protect the U.S. from further acts of terrorism. However, as the legal tenets of the Act became more transparent, public concern mounted over the wide latitude given to the governmental agencies that seemed to threaten academic and intellectual freedom and overall civil liberties. The problems inherent in the USA PATRIOT Act are described, and potential amendments and improvements have been suggested.


Forensic Science Forum, San Jose State University Apr 2013

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.


Effect Of Fluctuating Temperatures On The Development Of A Forensically Important Blow Fly, Protophormia Terraenovae (Diptera: Calliphoridae), Jodie-A. Warren, Gail S. Anderson Feb 2013

Effect Of Fluctuating Temperatures On The Development Of A Forensically Important Blow Fly, Protophormia Terraenovae (Diptera: Calliphoridae), Jodie-A. Warren, Gail S. Anderson

Faculty Research, Scholarly, and Creative Activity

Experiments were conducted to compare the immature development of Protophormia terraenovae (Robineau-Desvoidy) at fluctuating temperatures of 4-28 and 9-23°C to their mean constant temperature, 16°C. Overall development was fastest at the greater fluctuation and slowest at the constant temperature but showed similar percentages of development time in each stage. The rate summation effect is suspected to have caused this difference in development rate because fluctuations above the mean increase the rate relatively more than temperatures below the mean can lower the rate.


Forensic Science Forum, San Jose State University Oct 2012

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.


Forensic Science Forum, San Jose State University Apr 2012

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.


Forensic Science Forum, San Jose State University Oct 2011

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.


Advance, Winter 2011, San Jose State University, Department Of Justice Studies Oct 2011

Advance, Winter 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project


Establishing Lower Developmental Thresholds For A Common Blowfly: For Use In Estimating Elapsed Time Since Death Using Entomologyical Methods, Gail S. Anderson, Jodie-A. Warren Oct 2011

Establishing Lower Developmental Thresholds For A Common Blowfly: For Use In Estimating Elapsed Time Since Death Using Entomologyical Methods, Gail S. Anderson, Jodie-A. Warren

Faculty Research, Scholarly, and Creative Activity

Forensic entomology is a science used to estimate a post-mortem interval (PMI). Larvae develop at predictable rates and the time interval for this development can be used to estimate the PMI. Environmental temperatures are not constant and fluctuate with the photoperiod. In early and late insect seasons, temperatures can drop to below threshold temperatures where development essentially ceases. Threshold temperatures differ for different species and should be determined by raising insects at the extremely low temperatures. The lower threshold temperature for Protophormia terraenovae for egg hatch is 10.3°C ; for first instar larvae to molt to second instar larvae it …