Legal Studies Commons^™

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 …

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.

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 …

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 …

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 …

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 …

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 …

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 …

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 …

Physical Match: Uniqueness Of Torn Paper, Marilyn Aguilar

Themis: Research Journal of Justice Studies and Forensic Science

In the forensic science field, it is generally accepted that all tears and fractures are unique; however, there is limited scientific evidence to support this. This study tests the claim that all tears are unique, focusing on paper. One-hundred Office Depot brand 3” x 5” blank, white index cards were torn in half by hand. Six halves were randomly removed; the remaining 94 halves were mixed and then matched by a novice using end-match analysis. The removal of the 6 random halves left 44 matching pairs. Of the remaining halves, all 44 pairs were correctly matched. The results show that …

Novice Ideas: Handwriting Comparisons Conducted By An Untrained Individual, Maia Lister

Themis: Research Journal of Justice Studies and Forensic Science

Forensic analysis of questioned documents includes chemical analyses of paper and ink as well as handwriting comparisons. Several elements affect handwriting analyses, including the presence of discriminatory factors that can individualize a handwriting sample and whether the handwriting has been disguised. Five handwriting samples were gathered from six individuals comprising of one reference, three natural unknowns, and one disguised sample per person. A novice conducted analyses on every collected sample and conducted comparisons of the reference sample to the unknown and disguised samples in an attempt to correctly source the unknown and disguised samples. The novice showed a high level …

The Accumulation Of Wear On Footwear Pattern Analysis, Sarah Pawloski

Themis: Research Journal of Justice Studies and Forensic Science

Wear is defined as the erosion of a shoe’s outsole or the loss of tread pattern, and it happens gradually over time with use. After a shoeprint is collected from a crime scene, it is questioned whether an individualization can be made if an exemplar is created after additional use of the shoe. The shoes of ten volunteers at San Jose State University were analyzed over a period of 40-45 days. Wear and Randomly Acquired Characteristics (RACs) were analyzed over time to determine if there were any observable changes or additions to the already present wear. It was hypothesized that …

Justifying Justice: Six Factors Of Wrongful Convictions And Their Solutions, Colby Duncan

Themis: Research Journal of Justice Studies and Forensic Science

There have been over 300 post-conviction DNA exonerations in the history of the United States. While this number may initially seem significant, there is still an unfathomable population of wrongfully convicted prisoners who have yet to be considered for retrials. Unaddressed wrongful conviction cases highlight the unacceptable weaknesses in the U.S. justice system, weaknesses that include poor investigative tactics and the acceptance or allowance of inaccurate and unreliable evidence. This paper will dutifully analyze the causes that lead to wrongful convictions and amply discuss potential solutions, all of which includes eyewitness misidentification, improper forensics, false confessions, informants, government misconduct, and …

Determination Of Vehicle Speed From Recorded Video Using Reverse Projection Photogrammetry And File Metadata, Brandon Epstein, Bryce Westlake

Faculty Publications

The prevalence of security and in‐car video has increased the number of motor vehicle accidents captured on digital video. However, inconsistencies in how to accurately determine time and distance for vehicle speed has led to examinations with varying results. A potential solution for calculating time intervals is to use frame timing contained within many digital video file's metadata, recorded with 0.000001 sec precision. This paper examines a fatal motor vehicle accident where frame timing information was used with distance measurements from reverse projection photogrammetry to calculate vehicle speed. A margin of error was then calculated based on the accuracy in …

Police Legitimacy In Trinidad And Tobago: Resident Perceptions In A High-Crime Community, Ericka B. Adams

Faculty Publications

Violent crime in Trinidad and Tobago has increased over the last two decades, yet the police have been largely unsuccessful in reducing violence. Between 1999 and 2016, the murder rate increased by 475%. Despite the fact that the murder rate has increased, approximately 76 homicides are cleared each year, resulting in a low-homicide clearance rate. Using 40 semi-structured interviews with community members from a high-crime, low-income community in Trinidad and Tobago, this study examines residents’ experiences with police officers, and respondents’ willingness to work with the police to clear criminal cases. The results indicate that due to a lack of …

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …

Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.

Lacking Regulated Policy For Dna Evidence, Maia Lister

Themis: Research Journal of Justice Studies and Forensic Science

Despite its strong presence in criminal justice, DNA analysis is still a minimally regulated area. This minimal regulation devalues DNA evidence through the inconsistencies in these areas. The analysis methods of low template DNA lack a uniform method resulting in varying levels of reliability. Utilizing familial searches to assist in criminal investigations can potentially violate citizen rights. Such violations can also be found in the collection of DNA samples before an arrestee is tried or convicted. There are, however, regulations that could be applied universally to combat the problems that were discussed.

Prison Rehabilitation: The Sociological, Physiological, And Psychological Effects Of Animal-Assisted Interventions, Daisy Corleto

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines animal-assisted interventions as a new form of rehabilitation in the prison setting. It focuses specifically on the multiple benefits that this form of therapy/intervention can bring to inmates, such as the reduction in recidivism and the acquirement of new skills. Additionally, this paper considers the reasons for which rehabilitation in general is necessary in order to truly transform an individual. The first section provides a brief history of AAI in the prison environment and its effects on the prisoners. The paper then transitions to an account of analyzing the sociological, physiological, and psychological effects of AAI on …

Officer-Involved Domestic Violence: The Mediating Factors, Isaac Baron

Themis: Research Journal of Justice Studies and Forensic Science

Domestic and family violence has been a critical issue in contemporary society. Efforts have been made in researching the causes, effects, and mediating factors of domestic violence in relation to the workplace. Studies demonstrate that a relationship between conflict crossing over from the work to the home environment exist. Additional studies demonstrate that domestic violence does affect the workplace; however, there is little to no scientific data on the reverse relationship. The reverse relationship regards whether the workplace affects the occurrence of domestic violence. This research paper will dive into this topic, and on the lack of data available. Supporting …

The Victimization Of The Misconceived: The Mentally Ill In The Criminal Justice System, Margarita Trejo

Themis: Research Journal of Justice Studies and Forensic Science

It is unfortunate to say that the number of people who suffer from a serious mental illness has been drastically increasing in the criminal justice system since the late 1960s. This drastic change has captivated the minds of the public, forced them to develop a fallacious stereotype, and labeled the mentally ill population as wrongdoers. This image, however, is inaccurate. In reality, these people are the victims of a broken system. This paper establishes the victimization that a person with a serious mental illness experiences as they are processed through the criminal justice system. The following elaborates how victimization is …

Increasing Police Accountability And Improving Use Of Force Policies In The United States, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

Communities, and their respective police departments, have significant impacts on the social and legal matters they are involved with, making it crucial for both parties to strive to maintain strong, collaborative relationships. Positive interactions between police and the public are therefore extremely vital and beneficial to all involved. Police officers should be held accountable for their transgressions and subject to transparency for their on-duty actions through legal records. Several issues lie in the policies and procedures which requires more attention in its analysis. Changing policies and procedure in the United States regarding police use of force to remedy inconsistencies calls …

Domestic And International Firearm Laws: Can Implementation Be Used To Nationally Decrease Firearm Violence And Mass Shootings, Kenneth Banuelos

Themis: Research Journal of Justice Studies and Forensic Science

The issue of firearm violence in the United States is highly controversial, as there are sound arguments on both sides of the discussion. Advocates of stricter gun laws often refer to both international and domestic examples that highlight the effectiveness of more restrictive firearm policies. Japan and Australia are two such countries that are continually referred to when a tragedy, such as a mass shooting, occurs in the United States and initial reactions often emphasis a need for fewer guns in the general public. Opposition to the proposed reforms of firearm policies cite the importance of the Second Amendment which …

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Review, The New Era Of Secret Law, Patrice Mcdermott

Secrecy and Society

In a recent Brennan Center report, The New Era of Secret Law, Elizabeth (Liza) Goitein articulates, examines, and evaluates the claims for and objections to secret law. Under this banner, the report includes any law that is withheld from the public, regardless of whether it may be shared among agencies or with certain members or committees of Congress.” Goitein’s underlying goal is to propose procedural and substantive reforms. Secret Law is a deeply-researched and highly valuable policy brief with an aim of making specific policy recommendations. And readable to boot.