Legal Studies Commons^™

Defining Sex: Revisiting Bostock V. Clayton County Two Years Later, Laura Kerharo

Themis: Research Journal of Justice Studies and Forensic Science

LGBT rights in the United States have come a long way in the past few decades. Cases such as Lawrence v. Texas and Obergefell v. Hodges have shown the critical role of the Supreme Court in attaining equality for LGBT people. Bostock v. Clayton County is the latest case of this kind. Bostock firmly established that workplace discrimination based on gay or transgender status was forbidden under Title VII of the Civil Rights Act of 1964. This essay examines the case’s majority opinion—written by conservative Justice Gorsuch—and Justice Kavanagh’s dissent. It establishes that Justice Gorsuch used a living textualism approach …

Cognitive And Other Types Of Biases Affecting Forensic Evidence: Research Analysis And Expert Conclusions, Sukhmanpreet Kaur

Themis: Research Journal of Justice Studies and Forensic Science

This paper identifies the issue of cognitive bias, with emphasis on confirmation bias, and its implications within the forensic science field. Biased thinking or processing of forensic evidence can have significant effects on an investigation process. The literature analyzed discusses the consequences of providing contextual or irrelevant ancillary information to forensic experts. Following this discussion, the opinions held by forensic professionals with regards to confirmation bias and erroneous conclusions will likewise be evaluated. It is important that the forensic science field continues to listen to its experts in order to develop solutions for dealing with and preventing instances of confirmation …

The Efficacy Of Us-Mexico Border Enforcement In Relation To Crime Prevention, Samuel Klopstock

Themis: Research Journal of Justice Studies and Forensic Science

The Trump Administration brought substantive changes to United States immigration policies, and labeled undocumented immigrants as predisposed towards criminal behavior. This paper presents a brief historical perspective of three major waves of Mexican immigration to the United States: The Early 1900s – Before World War I, Post-World War I – World War II, End of Bracero Accord – Present, and considers the relationship between immigrants and crime. The author explores contemporary immigration enforcement, both conservative and liberal attitudes towards immigrants, and their effects on policy. Consequences of border enforcement policies and the efficacy of border enforcement in preventing crime are …

The Impact Of Intimate Partner Violence On Women's Financial Wellbeing, Rowan Dunton

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence and intimate partner violence against women affects all aspects of their health, including physical, mental, emotional, and economic health. When social programs, support networks, and better opportunities exist to improve the lives of female survivors, the financial impact of their abuse can be addressed and reduced in a significant, sustainable manner. Reviewing existing literature on this financial impact of abuse makes it apparent what women want and need to recover from their former, or even ongoing, situations. Effective preventative measures against financial harm include closing the gender wage gap and offering welfare programs for lower-income women to increase …

The Criminal Justice System And The Lgbtq Community: An Anti-Queer Regime, Steven Peck

Themis: Research Journal of Justice Studies and Forensic Science

The LGBTQ community in the US, while experiencing great strides in social equality, continues to suffer disproportionately in the criminal justice system. Historical precedents of criminalizing the LGBTQ community are rife within the criminal justice system; the establishment of anti-sodomy laws, belief of inherent criminality, and a heteronormative perspective have all fostered a greater anti-queer regime. The criminalization and incarceration of the LGBTQ community remain steadfastly in place, with little to no reprieve. Establishing a new narrative in the criminalization and imprisonment of the LGBTQ community may assist in efforts to achieve real change within the criminal justice system. Moving …

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

The Lasting Impact Of Deinstitutionalization: Policing And The Mental Health Crisis, Ruqayyah Sorathia

Themis: Research Journal of Justice Studies and Forensic Science

Society is combating the detrimental effects of the deinstitutionalization policy, which transferred the treatment of mentally ill patients from state-run psychiatric hospitals to community-run psychiatric facilities. These patients frequently fall into relapses and are more likely to experience risky encounters with law enforcement officials who have no formal training in dealing with them. The paper analyzes the criminalization of mentally ill people, many with substance abuse and alcohol addictions, receiving treatment in jails and state prisons. Incarcerating people with mental illness, though reducing the homeless population from the street and disturbances faced by the public, still does not address the …

Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan

Themis: Research Journal of Justice Studies and Forensic Science

In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …

Organization And Accessibility Of Information Resources In Federal High Court Libraries In North-East Geo-Political Zone Of Nigeria, Muhammad Murtala Ibrahim, Amina Barkindo

Library Philosophy and Practice (e-journal)

Information organization and accessibility are part of the core functions of any special library. The need for organization is necessary to accomplished a planned library's goals. Effective organization provides effective retrieval and use of the resources and also saves time for both the user and the information professional. This study highlights and describe the method of information organization and access in the Federal High Courts libraries in North-eastern geo-political zone of Nigeria. It also discusses the various ways the federal high court libraries Organize information resources, the means for information access and the challenges associated with the organization and accessibility …

Detecting Child Sexual Abuse Images: Traits Of Child Sexual Exploitation Hosting And Displaying Websites, Enrique Guerra, Bryce G. Westlake

Faculty Research, Scholarly, and Creative Activity

Background
Automated detection of child sexual abuse images (CSAI) often relies on image attributes, such as hash values. However, electronic service providers and others without access to hash value databases are limited in their ability to detect CSAI. Additionally, the increasing amount of CSA content being distributed means that a large percentage of images are not yet cataloged in hash value databases. Therefore, additional detection criteria need to be determined to improve identification of non-hashed CSAI.
Objective
We aim to identify patterns in the locations and folder/file naming practices of websites hosting and displaying CSAI, to use as additional detection …

Covid-19 In Latin America And The Caribbean: Experts Examining Legal Responses, Michele A.L. Villagran, Marcelo Rodríguez

Faculty Research, Scholarly, and Creative Activity

Since March 2020, a group of librarians, professors, and legal professionals have been monitoring legal responses to COVID-19 throughout Latin America and the Caribbean. Each member of the project is currently following various countries within this region. In this article, the authors will describe how the project was created and highlight the initial challenges in terms of securing and evaluating trustworthy sources of information in the middle of a pandemic. The authors will summarize the legal responses and any disinformation issues within the countries they have been monitoring: Argentina, Chile, Uruguay, Peru, Bolivia, and Paraguay. Finally, the article will conclude …

From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia

Themis: Research Journal of Justice Studies and Forensic Science

Police officers were introduced in the American school system to provide White communities with a sense of safety. However, these police officers are not well trained to provide students with support and instead are trained to deal with situations with force. The implicit bias of police officers criminalizes and punishes Black, Indigenous, and People of Color (BIPOC) students unfairly. School shootings have continued to enforce the idea that officers are needed. However, this notion is untrue. Policing in schools builds a school-to-prison pipeline that is now, in the online schooling era, translating to the Zoom-to-prison pipeline, which reveals that BIPOC …

Valuing Mental Health In The Justice System, Anabel Lugo

Themis: Research Journal of Justice Studies and Forensic Science

Mental health is an issue that needs more recognition, especially within inmates and law enforcement. The mental health of incarcerated inmates, as well as law enforcement officials, has been overlooked and negatively impacted our criminal justice system. Ignoring mental health has helped create negative depictions and stereotypes about these communities. Law enforcement tends to ignore its mental health due to masculinity and police culture, feeding into the stigma that lingers around it. Although mental health has become a recurring topic in recent years, little has been done to help restore it within our justice system. Recently, there have been numerous …

The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez

Themis: Research Journal of Justice Studies and Forensic Science

Across the country, police are using aggressive, military-style policing tactics to enforce the law. These aggressive tactics disproportionately affect minorities and residents of lower-income communities. Recent protests by the Black Lives Matter movement have taken place in response to the deaths of individuals such as George Floyd and Breonna Taylor. Aggressive police presence at these demonstrations has been prominent, despite protesters’ peaceful intent. The police are not only present at rallies and protests but also at celebratory events like major cities' sports celebrations. This paper examines militarization as a result of the War on Drugs, the 1033 program, racial politics, …

Policing And Mental Health: The Current Criminal Justice Approach To A Public Health Issue, Jacklyn Spatzer

Themis: Research Journal of Justice Studies and Forensic Science

One source of unrest in modern society is the traditional criminal justice approach towards mental health issues, made evident by public protests and media highlights of police brutality. While public perceptions of mental health issues evolve, law enforcement interactions show failures to implement nuanced avenues to protect people undergoing crises. This paper examines the relationship between law enforcement and public health issues to develop more efficient avenues than those currently in place. All involved parties experience negative consequences when police departments bear the responsibility for addressing public health issues. Lack of police training in mental health disturbances and scarcity of …

The Rhetorical Devices Of The Keepers Of State Secrets, Stephane Lefebvre

Secrecy and Society

This article examines a set of rhetorical devices forming a linguistic practice that are used repeatedly by secret keepers in the United States and the United Kingdom when legally and popularly arguing against the disclosure of state secrets. Each of these devices (using lists, using the future conditional, arguing from ignorance and authority, arguing from consequences, and arguing by analogy) play a role in shaping our social understanding of state secrecy. More importantly, these devices provide secret keepers a means by which to assert their knowledge and expertise, and to legitimize, if judges agree with them, the nondisclosure of state …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Frequency Of Lip Print Patterns Among Females And Males At San Jose State University, Daniela Zopiyactle

Themis: Research Journal of Justice Studies and Forensic Science

Lip prints have distinct forms of wrinkles and grooves unique to an individual much like fingerprints, footprints, and palm prints. Cheiloscopy, or the study of the grooves and wrinkles on the labial mucosa, helps classify, document, and evaluate lip print patterns. This article utilizes cheiloscopy to analyze students from the San Jose State University population; including 25 participants: 15 females and 10 males of ages between 18-45 years. Print collection utilized a matte lipstick, evenly applied on the lip, to create an impression using tape and white bond paper. Then, using the Suzui and Tsuchihashi method, researchers classified the lip …

Gun Control In America: A Global Comparison, Lee Spieller

Themis: Research Journal of Justice Studies and Forensic Science

The United States has a high number of gun-related deaths compared to the rest of the world. Many approaches attempt to help mitigate these deaths, but few have proven ultimately successful on a national level. The purpose of this paper is to establish the need for gun reform by determining the relationship between guns and fatalities and covers how the US and foreign countries approach gun control. More specifically, this paper will examine each of the different approaches: firearm access restrictions, licensing restrictions, carry restrictions, and issuing parameters for concealed weapon permits. This examination will include firearm homicide rates as …

Current Applications And Limitations Of Forensic Entomology, Helena Volckaert

Themis: Research Journal of Justice Studies and Forensic Science

Forensic entomology is the study of arthropods concerning their application in crime scene investigation as a method of predicting postmortem interval (PMI) in deceased or missing individuals. PMI is determined by the life stage of insects present on-scene. Insects used in criminal investigations are primarily beetles, flies, or moths; this may also include various scavenging insects and hitchhiking mites. These creatures help colonize decayed tissue, providing crime scene personnel with live specimens collected and examined for biological evidence. Forensic entomology is currently a niche application in most investigations—as qualified entomologists are often needed—and proper analysis of collected evidence can be …

Qualitative Analysis Of Luminol Efficacy On Bleach-Cleaned And Paint-Concealed Blood, Adam Wykoff

Themis: Research Journal of Justice Studies and Forensic Science

The presence of blood at a crime scene can provide investigators with a treasure trove of information regarding the nature and circumstances of a particular crime and aid in crime scene reconstruction; however, attempts at concealing blood are common scenarios. The development of chemiluminescent and fluorescent-based presumptive tests, such as the luminol and fluorescein tests, have made it more challenging to definitively remove or mask blood on a surface. The purpose of this experiment was to qualitatively measure the overall efficacy of luminol, concerning its ability to positively detect small bloodstains found on common household floor surfaces (wood, carpet, and …

The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi

Themis: Research Journal of Justice Studies and Forensic Science

The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …

The Ability Of Vitreous Metabolite Concentration To Determine Time Of Death, Victoria Wiggins

Themis: Research Journal of Justice Studies and Forensic Science

This paper analyzes the ability of vitreous fluid to determine time of death. The high variability in current methods used to establish post-mortem interval (PMI), or the amount of time between death and post-mortem examination make it difficult to obtain an accurate estimation. The concentration of metabolites found within vitreous fluid, such as potassium (K+), hypoxanthine (Hx), and magnesium (Mg), are the most researched alternatives to traditional methods in PMI determination because of the relative isolation of vitreous within the body and its ability to withstand degradation. There is no clear consensus on which metabolite provides the most accurate data …

Invisible Harm: Verbal Sexual Coercion Among College Students, Char Chezanne

Themis: Research Journal of Justice Studies and Forensic Science

This paper provides a review of literature and research on verbal sexual coercion on college campuses by focusing on heterosexual dynamics. The studies involved explore the factors that influence sexually coercive behavior, including parenting styles, heteronormative beliefs, and risk-taking behaviors. Furthermore, this paper reviews current informal and formal responses to campus sexual coercion by focusing on the overlooked power dynamics that influence sexual consent. This paper concludes that restorative justice serves as an alternative to traditional justice for campus-based sexual coercion because of its flexibility and applicability to nuanced sexual assault cases.

With Liberty And Justice For Some: How Felony Disenfranchisement Undermines American Democracy, Kiley Staufenbeil

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the damaging effects of felony disenfranchisement on American democracy. The premise of American democracy is to include citizens in government processes, thus, felony disenfranchisement is inherently anti-democratic. The first section analyzes the historical timeline of the origins and prominence of felony disenfranchisement dating back to Ancient Greece. The paper considers the legal standing of felony disenfranchisement by examining relevant court cases, such as Richardson v. Ramirez (1974). Following this, a case study of the states that practice distinct levels of felony disenfranchisement, ranging from the most punitive states to the most permissive, is presented. The paper then …

The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid

Themis: Research Journal of Justice Studies and Forensic Science

Current feminist and anti-rape movements in the United States seek to amplify the voices of women regarding sexual assault. Unfortunately, within this amplification, the voices of Black women are often excluded, which is a direct effect of historically ignoring the abuses of Black women and rarely ever bringing their abusers to justice. These injustices, often committed by white men and perpetuated by white women, create a destructive rhetoric in stereotyping Black women while also silencing them throughout modern movements, especially those of feminist and anti-rape causes. This essay will examine the consequences of three problematic aspects of US history and …

Improving Indigent Defense: An Evaluation Of Program Effectiveness For The California Defense Investigators Association’S Defense Investigator Training Academy, Sheree Martinek

Master's Projects

Training is a crucial component of investigation work; however, there is a significant discrepancy regarding the training mandated and received by prosecution-oriented and defense-oriented investigators. Prosecution investigators (such as law enforcement detectives or District Attorney investigators) have considerable resources and require extensive training aside from one’s education. In respect to training, investigators who work for the prosecution are required to complete the California Peace Officer Standards and Training (POST). Completion of POST is a minimum of 664 hours of training (POST, 2020). However, there is no mandatory training program, academy, or number of cumulative training hours required for an investigator …

Recent Trends, Current Research In Cyberpsychology: A Literature Review, Amarjit Kumar Singh, Pawan Kumar Singh

Library Philosophy and Practice (e-journal)

Cyberpsychology refers to the study of the mind and behavior in the context of interactions with technology. It is an emerging branch, which has focused on the psychological aspects connected to the increasing presence and usages of technology in modern lives. This paper traces recent advancement and trends of Cyberpsychology is an emerging domain of knowledge and goes on the give a literature review of the same. An analysis of the recent research and literature covering 300 most relevant research papers from the period of 2012 to 15, August 2019 was conducted to determine and shape the research pattern based …

Decomposition Of Pig Carcasses At Varying Room Temperature, Jacqueline Abad Santos

Themis: Research Journal of Justice Studies and Forensic Science

The goal of this study is to assess the qualitative scoring of decomposition scales with statistical analysis while also determining which indoor environment will decompose the fastest. When comparing the three indoor environments, water decomposition appears to be the fastest, but the method of analysis for this study determines that using decomposition scales to analyze such environments may produce statistically insignificant results. For this study, piglets were put in a dry steel tub, a water filled steel tub, and a suitcase. These were recorded using photographs for 25 days and then scored using decomposition scales. The total score was divided …

Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admissibility of scientific evidence in the courtroom. Some states adopted Frye while others adopted Daubert, causing varying judicial outcomes. The verdicts in some cases may be erroneous due to a nationally used standard. Frye has broad criteria of requiring scientific evidence to be generally accepted. While Daubert contains more requirements for the evidence to be admissible, such as peer review, publication, and scientific principles. Daubert, alongside FRE 702, provides a thorough guideline for trial judges who have the gatekeeping role to decide admissibility aiming …