Legal Studies Commons^™

Hot-Spot Policing And The Use Of Crime Prevention Through Environmental Design, Heather L. Merigan

Regis University Student Publications (comprehensive collection)

An existing gap found in current literature is whether or not prevention-oriented methods have been implemented within crime hot-spots and if these methods have been implemented, it is unknown how effective have they been. The following paper is an evaluative study conducted to examine the use and effectiveness of Crime Prevention Through Environmental Design (CPTED) methods when implemented by police departments within crime hot-spots. This was done by distributing an on-line survey to 56 Police Chiefs and researching the websites of 136 police departments located within ten counties of the western United States. The results indicated that the use of …

Dna Testing Is The Most Effective Procedure To Solve Crimes, Son Nguyen

Regis University Student Publications (comprehensive collection)

There are several different techniques to solve crimes. Fingerprinting has been used as an investigative tool to help law enforcement find suspects. By using the fingerprints obtained at a crime scene, investigators can try to find a match within the fingerprint database. Since fingerprints are truly unique, there are better technological advances that will aid law enforcements and forensic scientists confirm a suspect was at the crime scene. By using DNA, deoxyribonucleic acid, technology, established in 1985 but was first used in 1987 in law enforcement, as the main investigative tool, several different crimes can be solve by analyzing the …

Exploring The Causes Of Islamic Radicalization And Recruitment And The General Strain Theory In Identified Terrorists, Julian A. Torres

Regis University Student Publications (comprehensive collection)

Little research has been done exploring the relation between the General Strain Theory and Islamist radicalization and recruitment. This author will explore a possible relationship between collective social strain and its impact on one's decision to engage in radical Islamist extremism. This author based the research on the General Strain Theory which states that when individuals experience strain or pressure, under certain circumstances, that strain can lead to offending or delinquent behavior. Muslims living in the United States and abroad, regardless of generation or nationality, can find themselves subject to discrimination, poverty, inequality and other real or perceived injustices. This …

Examining Barriers To Reentry Faced By Offenders In A Metropolitan County Jail And Community Setting, Kelly J. Russell

Regis University Student Publications (comprehensive collection)

This study uses a strain theory approach to examine the barriers to community reentry faced by individuals being released from county detention facilities. Individuals who are reentering the community from jail face a variety of challenges, particularly when trying to access community resources. In almost every community, barriers to offender reentry include, but are not limited to, housing, benefit acquisition, healthcare, access to medications, identification, transportation, mental health treatment, substance abuse treatment and employment. While there has certainly been an increase in the amount of programs and services available for former offenders, research analysis presented here will identify what these …

An Examination Of Cities' Resilence To Violent Crime: A Contextual Analysis Of Victim-Offender Convergence, Vanessa Hatch Woodward

Dissertations

In his 2012 Presidential Address to the American Society of Criminology, Robert Sampson purported that causality can only be reached when social science researchers accept that individual actions are dependent on social context. He referred to this as contextual causality and argued that future research needed to focus on how to measure and/or reoperationalize community measures of crime.

There were three primary goals of this study. First was to provide a better understanding of victim-offender convergence in time and space (Cohen & Felson, 1979) within incidents of violent crime. In order to meet this goal, 90 city agencies’ incident and …

Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin

San Diego Law Review

The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …

“Unmistakably Clear” Coercion: Finding A Balance Between Judicial Review Of The Spending Power And Optimal Federalism, Dale B. Thompson

San Diego Law Review

This Article proposes a new tier of scrutiny, “unmistakably clear,” for conducting judicial review of congressional authority under the Spending Clause. Under this standard, a condition would be unconstitutional only if it is unmistakably clear that it is coercive. In order to develop this proposal, this Article traces the debate over the spending power from the Federalist Papers up through the decision in National Federation of Independent Business v. Sebelius, finding strong arguments for granting significant deference to Congress’s Spending Clause authority. Careful analysis of the opinions in the case yields not only the name for the new standard of …

Reasonable Persons, Reasonable Circumstances, Christopher Jackson

San Diego Law Review

The reasonable person test is a common thread that runs through the fabric of Anglo-American law. It has become such a common trope in legal discourse that it scarcely receives much attention in its own right. This Article analyzes one facet of the test that will yield significant benefits in understanding the subject as a whole: how we ought to go about determining which circumstances are relevant to the reasonable person inquiry. The Article will argue that the circumstances that ought to be part of the test will vary based on one’s underlying theoretical commitments: the reasonable person test is …

Is Freedom Of Expression A Universal Right?, Larry Alexander

San Diego Law Review

The title of my Essay asks a question. If one were to go by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights —or by John Rawls’s A Theory of Justice and other quotidian works of liberal political and moral philosophy—the answer to the question is a resounding “yes.” Indeed, in the constellation of cherished liberal rights, freedom of expression is surely one of the brightest, if not the brightest, of its stars.

Animal Cruelty: The Nexus Between Admonishable Violence And Sanctionable Criminal Acts, Natalie Donis

HIM 1990-2015

In recent years, animal cruelty has stirred into the limelight as society has given the issue further consideration. State and federal laws as well as the establishment of diverse non-governmental organizations exist to abate animal cruelty, but such institutions have lagged in creating effective control mechanisms in spite of the growth of this modern day pandemic. This thesis will discuss animal cruelty, the types of cruelty, legislative developments, correlation of animal cruelty to violence among humans, and ways to strengthen control mechanisms. Credible findings have indicated a propensity for offenders of animal cruelty to escalate their acts of violence towards …

Breach Of Allegiance: The History Of Treason Charges In The U.S., And Its Rebirth In The Age Of Terrorism, David Lewis

HIM 1990-2015

The purpose of this thesis is to provide a legal history and analysis of how the treason clause has been utilized since the U.S. Constitution was ratified in 1789. Further, the United States and the United Kingdom share not only a historical parallel of the meaning and use of the charge of treason, but also an abandonment of using the charge today. This thesis will provide an in-depth legal history of treason charges in the United States, along with its close parallels in historical evolution and usage to that of the United Kingdom. Focusing prominently on treason throughout United States …

The Role Of The Federal Judge In The Constitutional Structure: An Originalist Perspective, Diarmuid F. O'Scannlain

San Diego Law Review

Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.

Joyless Life And Lifeless Joy: The Recovery Of Hedonic Damages By Plaintiffs In A Persistent Vegetative State, Alexandra Preece

San Diego Law Review

This Comment focuses on the potential injustice to patients in a persistent vegetative state and the proper manner in which to handle these cases. Based on tort principles underlying the justification for the award of damages to plaintiffs, including deterrence and compensation, plaintiffs in a persistent vegetative state should be entitled to damages for loss of enjoyment of life. To allow for these awards, courts must separate loss of enjoyment of life from pain and suffering, thereby allowing vegetative plaintiffs who cannot prove that they are in pain to recover hedonic damages from their wrongdoers. Part II discusses the effects …

Jurors’ Subjective Certainty And Standards Of Proof: The Role Of Emotion And Severity Of Charge In Subjective Probability Judgment, Yimoon Choi

Department of Psychology: Dissertations, Theses, and Student Research

Recent empirical research suggests that jurors struggle to understand and correctly apply the standard of proof. Many researchers have focused on methods to re-write jury instructions so that standards of proof are clearer and easier for jurors to understand. This dissertation suggests the fundamental cause of jurors’ confusion concerning standards of proof is that jurors may use different decision processes (intuitive decision processing or systematic decision processing) and decision indices (objective probabilistic judgment or subjective confidence) depending upon their transient emotions or the seriousness of charge.

Study 1 assessed whether experiencing particular emotions (sadness or anger) could change mock jurors’ …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Police Integrity Lost: Preliminary Findings Of A National Study Of Law Enforcement Officers Arrested, Philip M. Stinson

Criminal Justice Faculty Publications

This presentation presents preliminary research findings of a study on the nature and extent of police crime in the United States. It provides information on the factors that influence how a law enforcement agency responds to arrests of its officers. The data indicate that civil rights litigation is a correlate of police misconduct.

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Inside/Outside: A Model For Social Support And Rehabilitation Of Young Black Men, Harold Adams, Castellano Turner

Trotter Review

This paper first identifies some of the most important problems facing incarcerated young black males. Next, we present an historical analysis that pinpoints the War on Drugs as the primary origin of mass incarceration of that group. Then we describe the major consequences for prisoners as well as collateral problems for their families, friends, and communities. We then outline the types of programs created to address these problems. We summarize research that shows the key to solving high recidivism rates is social support during incarceration and after release. We describe in particular a Boston-based organization, the Committee of Friends and …

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Trotter Review

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …

Ground Penetrating Radar Use In Three Contrasting Soil Textures In Southern Ontario, Amanda C. Lowe, David V. Beresford, David O. Carter, Franco Gaspari, R. Christopher O'Brien, Shari L. Forbes

Forensic Science Publications

Ground penetrating radar (GPR) is a non-invasive, geophysical tool that can be used for the identification of clandestine graves. GPR operates by detecting density differences in soil by the transmission of high frequency electromagnetic waves from an antenna. Domestic pig (Sus scrofa domesticus) carcasses were clothed in 100% cotton t-shirts and 50% cotton/50% polyester briefs, and buried at a consistent depth at three field sites of contrasting soil texture (silty clay loam, fine sand and fine sandy loam) in southern Ontario. GPR was used to detect and monitor the graves for a period of 14 months post-burial. Analysis of collected …

The Different Duties And Responsibilities Of Clinical And Forensic Psychologists In Legal Proceedings, Denise Hugaboom

The Review: A Journal of Undergraduate Student Research

In lieu of an abstract, below is the essay's first paragraph.

Clinicians and forensic psychologists are two types of psychologists who are often required to appear as witnesses in court proceedings. Their roles, duties, and responsibilities in legal issues arc surprisingly different, but it is possible for them to overlap. It is important for psychologists to recognize both the obligations and limitations of their responsibilities when testifying. An important and often unclear question that generally arises is: how can psychologists best fulfill their legal and ethical duties to their clients?

Amber J. Powell - Blaming The Victim: A Look At Sexual Assault Adjudication In The Milwaukee County Courthouse, Amber J. Powell

Ronald E. McNair Scholars Program 2013

Even though several studies explore common themes in victim-blaming strategies amongst adult sexual assault cases, very few address how these techniques are used to blame and discredit child sexual assault victims. Therefore, this study compared the cultural narratives used by defense attorneys to blame adult and child sexual assault victims in the courtroom. The study sample consisted of 18 sexual assault cases (5 adult victims and 13 child victims) in three branches of the Milwaukee county courthouse in Milwaukee Wisconsin. The defendants and victims in these cases represent a various ethnicities, ages, and social economic backgrounds. Employing a mixed-methods approach, …

Taking Mistakes Seriously, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

Part I of this article discusses the principle that mistake or ignorance of the law is no excuse. It is settled law that no one can defend against a criminal charge on the grounds that he did not intend to flout the law and, at worst, made only a reasonable, honest mistake as to what he was free to do. Part II examines several areas in which the law does precisely the opposite by repeatedly manifesting a willingness to forgive reasonable mistakes by one or more actors in the criminal justice system. Part III then asks whether the developments discussed …

Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski

Criminal Justice & Criminology: Faculty Publications & Other Works

The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.

A Forensic Study Of The Effectiveness Of Selected Anti-Virus Products Against Ssdt Hooking Rootkits, Sami Al-Shaheri, Dale Lindskog, Pavol Zavarsky, Ron Ruhl

Annual ADFSL Conference on Digital Forensics, Security and Law

For Microsoft Windows Operating Systems, both anti-virus products and kernel rootkits often hook the System Service Dispatch Table (SSDT). This research paper investigates the interaction between these two in terms of the SSDT. To investigate these matters, we extracted digital evidence from volatile memory, and studied that evidence using the Volatility framework. Due to the diversity in detection techniques used by the anti-virus products, and the diversity of infection techniques used by rootkits, our investigation produced diverse results, results that helped us to understand several SSDT hooking strategies, and the interaction between the selected anti-virus products and the rootkit samples. …

An Ontology-Based Forensic Analysis Tool, Mohammed Alzaabi, Andy Jones, Thomas A. Martin

Annual ADFSL Conference on Digital Forensics, Security and Law

The analysis of forensic investigation results has generally been identified as the most complex phase of a digital forensic investigation. This phase becomes more complicated and time consuming as the storage capacity of digital devices is increasing, while at the same time the prices of those devices are decreasing. Although there are some tools and techniques that assist the investigator in the analysis of digital evidence, they do not adequately address some of the serious challenges, particularly with the time and effort required to conduct such tasks. In this paper, we consider the use of semantic web technologies and in …