Legal Studies Commons^™

Domestic Violence Intervention Program Facilitators' Motivation For Working With Repeat Offenders, Elaine Marie Barclay

Walden Dissertations and Doctoral Studies

Domestic violence (DV) rehabilitative program facilitators administer the same treatment programs to males who reoffend. When DV facilitators administer the same unsuccessful treatment programs to repeat offenders, facilitators may lose intrinsic and extrinsic motivation to perform their job. For this study a hermeneutic phenomenological methodology approach was used to explore the phenomenon of DV facilitators' motivation. Self-determination theory was used to frame the influence of intrinsic and extrinsic motivation on DV facilitators who administer treatment programs to repeat offending males. A recruitment flyer was placed in the DV organization, data were collected from 7 participants through face-to-face or telephone interviews …

Deaths Due To Use Of Lethal Force By Law Enforcement: Findings From The National Violent Death Reporting System, 17 U.S. States, 2009–2012, Sarah Degue, Katherine A. Fowler, Cynthia Calkins

Publications and Research

Introduction: Several high-profile cases in the U.S. have drawn public attention to the use of lethal force by law enforcement (LE), yet research on such fatalities is limited. Using data from a public health surveillance system, this study examined the characteristics and circumstances of these violent deaths to inform prevention.

Methods: All fatalities (N¼812) resulting from use of lethal force by on-duty LE from 2009 to 2012 in 17 U.S. states were examined using National Violent Death Reporting System data. Case narratives were coded for additional incident circumstances.

Results: Victims were majority white (52%) but disproportionately black (32%) with a …

What Are Tax Havens And Why Are They Bad?, Conor Clarke

Scholarship@WashULaw

This essay reviews Gabriel Zucman's The Hidden Wealth of Nations: The Scourge of Tax Havens. Zucman's important new book brings clarity to a confusing subject -- but occasionally does so at the expense of nuance. My review has three goals. First, I summarize and appraise Zucman's central findings, and re-estimate his revenue-loss totals for the United States using tax-rate assumptions that I believe are more realistic. Second, I position Zucman's findings against the backdrop of the wider literatures on tax havens and inequality, and attempt to answer the two questions in this essay's title. Third, I comment on Zucman's call …

New Research On The Stubborn Persistence Of Tax Expenditures, Conor Clarke

Scholarship@WashULaw

In this essay I examine new research on tax expenditures. By utilizing survey experiments, several new studies have explored when and why the public prefers spending programs organized as tax credits rather than direct expenditures, even when the substance and cost of the policies are the same. I argue that this 'framing effects' research can help explain why tax expenditures have continued to grow faster than government spending as a whole, and why tax expenditure budgets have failed to stop this growth.

The Impact Of Gender And Focal Concerns Theory On The Treatment Of White-Collar Defendants By Federal Judges, Brandon Michael Roberts

Walden Dissertations and Doctoral Studies

Previous research found gender to be a primary consideration of judges in terms of actions towards defendants. Blameworthiness, the combined effect of criminal history, offense severity, and the defendant's role in the criminal event, is also known to impact judge's actions. Little, though, is known about how gender and blameworthiness, combined, may be related to judges' actions towards white-collar defendants. The purpose of this case study, therefore, was to explore whether defendant gender and blameworthiness impact judicial actions towards defendants charged with white-collar crime(s) in a federal district court of New York. The theoretical framework was Demuth and Steffensmeier's theory …

The Question Of Homeland Security In Rural America, Manuel Gonzalez

Walden Dissertations and Doctoral Studies

Following the issuance of the National Preparedness Guidelines in 2009 by the Department of Homeland Security, it remains unknown whether homeland security programs have been consistently implemented in the nation's rural areas. Research findings have been inconsistent and inconclusive on the degree of implementation. Two problems may result from inadequate implementation of these programs: weakened national security from the failure to protect critical infrastructure in remote areas and a threat to public safety in rural towns. The purpose of this qualitative case study was to explore and describe the reasons for possible noncompliance through purposeful interviews with 10 law enforcement …

Penalty Enhancement Laws And The Reporting Of Patient Assaults On Emergency Department Nurses, Thomas Runkle

Walden Dissertations and Doctoral Studies

Assaults on emergency department nurses by patients are higher than any other occupation in the private sector. Professional nursing organizations have lobbied for penalty enhancement laws that increase the categorization of assaulting a nurse on duty from a misdemeanor to a felony. As of 2015, 32 states have implemented these laws. Yet, low assault reporting rates by nurses remains a problem, and little is known about whether penalty enhancements improved reporting rates. The purpose of this correlational study was to evaluate the impact of penalty enhancement laws on self-reporting of assault on emergency department nurses in 6 Mid-Atlantic cities. Constructs …

Burnt Offerings: How The City Of Angels Engulfed Any And All Involved In The Rodney King Affair And Los Angeles Riots, Michael P. Mcnamara

Pell Scholars and Senior Theses

This thesis analyses the first modern case of police brutality and race relations - the beating of Rodney King and the 1992 Riots that followed. The roots of the gravity of this situation can be found in the the leadership of the city during that time. The thesis tells the story of the juxtaposition of the black, Democratic Mayor of Los Angeles (Tom Bradley) and the white, Republican Los Angeles Police Chief (Daryl Gates). Though both have a very mixed legacy, both men were highly effective in their respective fields and goals. It is their inability to work together and …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

Classification Of Silicone-Based Personal And Condom Lubricants Using Dart-Tofms, Lauren Harvey

Electronic Theses and Dissertations

Sexual lubricants are used to enable sexual encounters. There are different types of sexual lubricants such as water-based, oil-based, and silicone-based. They come pre-applied to condoms and separately in bottles as personal lubricants. Although sexual lubricants are intended for consensual use, they are also unfortunately used during the commission of sexual assaults. The analysis of sexual lubricants facilitates sexual assault investigations. With the increased usage of condoms in sexual assault cases, the potential of collected DNA evidence in each case is reduced. In the absence of biological evidence, the presence of sexual lubricants after a sexual assault can provide an …

Characterization Of Post-Fire Priming Cup Residue Using Scanning Electron Microscopy Coupled With Energy Dispersive X-Ray Spectrometry, Molly Terry

Electronic Theses and Dissertations

Ammunition is most often comprised of a lead-based priming mixture which contributes to the traditional characteristics of gunshot residue (GSR). Due to the health risks often associated with lead, lead-free primer alternatives are becoming increasingly more popular. Thus, it is becoming more difficult to determine the presence of GSR based on traditional means, i.e. the presence of lead (Pb), barium (Ba), and antimony (Sb). Eight different ammunitions were purchased which consisted of one lead-based and one lead-free from four different manufacturers, including Winchester, Federal, Liberty, and Sellier & Bellot. Half of the rounds from each manufacturer and chemical composition (i.e. …

The Estimation Of Germ Line De Novo Mutation Rates Of Extended Sets Of Y-Str Haplotypes To Aid In The Differentiation Of Male Biological Relatives In Criminal Investigations, Nicole Masker

Electronic Theses and Dissertations

An important forensic application for Y-chromosome short tandem repeats (Y-STRs) is the identification of male DNA. Since the Y-chromosome is non-recombining and most Y-STRs have slippage mutation rates on the order of 1x10-3 or lower, Y-STR commercial multiplex systems do not yet allow personal individualization. This is problematic in criminal investigations where the persons of interest include males of the same paternal line. In order to obtain discrimination among paternal male relatives, it would be necessary to use a larger number of Y-STRs or a selection of Y-loci with higher slippage mutations with the hope of encountering a germline meiotic …

Falling Behind In Pay: A Longitudinal Test Of Equity Theory Among Florida Municipal Police Agencies' Salaries, Robert Lord

Electronic Theses and Dissertations

Prior research has found equity theory explains employee responses to falling wages in relation to other comparable workers. The present research attempts to contribute to the criminal justice literature by directly testing equity theory within the policing context, something no study has done to date. Applied to policing, equity theory predicts sworn officers employed by departments with falling or inequitable salaries (i.e., their salaries fail to keep up with those at other regional agencies) will reduce their work input (i.e., discretionary arrests) and/or quit in higher numbers than before (i.e., increase attrition). The present study also attempts to quantify how …

Sometimes They Come Back: Examining The Threat Of Associated And Non-Associated And/Or Mentally Ill School Violence Perpetrators, Gordon A. Crews

Criminal Justice Faculty Publications

In this chapter it is argued that school violence and its potential in K-12 schools cannot be dealt with by simply removing the troublesome/problematic students from classrooms and/or school grounds. The expelling, suspending, incarcerating, or placing of a juvenile in an alternative school setting may only increase their anger against their former school and teachers. An anger which may continue to grow throughout their lives. Moreover, there is a growing trend of students who have failed to achieve in life returning to their former school and committing acts of violence. The author focuses on two types of these perpetrators. First, …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

How Should The Law Think About Robots?, Neil M. Richards, William D. Smart

Scholarship@WashULaw

The robots are coming. We don’t mean this in a scary, apocalyptic way, like in The Terminator or Battlestar Galactica, or in a tongue-in-cheek way, like in the Flight of the Conchords song “The Humans are Dead.” What we mean is this: Robots and robotic technologies are now mature enough to leave the research lab and come to the consumer market in large numbers. These early technologies are just the start, and we might soon be witnessing a personal robotics revolution. These systems have the potential to revolutionize our daily lives and to transform our world in ways even more …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

The Comparative Outputs Of Magistrate Judges, Christina L. Boyd

Scholarship@WashULaw

Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …

Representation On The Courts? The Effects Of Trial Judges' Sex And Race, Christina L. Boyd

Scholarship@WashULaw

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts -- i.e., the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the statistical results here indicate that a trial judge's sex and race have very large effects on his or her decision …

False Confessions From The Viewpoint Of Federal Polygraph Examiners, Bradford Beyer

Walden Dissertations and Doctoral Studies

While confessions are a powerful form of evidence, innocent people sometimes confess to crimes they did not commit. Many researchers have studied false confessions through laboratory experiments with university students or by focusing on proven cases of false confession. These approaches have led many researchers to form a conceptual framework that law enforcement interrogative methods are a key cause of false confessions. A gap exists in the literature as few researchers have queried law enforcement about false confessions or consulted with officers who specialize in interrogation. For this study, a qualitative case study approach was used to explore the experiences …

Identifying Business Risk Factors Of Identity Theft, Robert K. Minniti

Walden Dissertations and Doctoral Studies

Businesses are under pressure to identify and control risks affecting profitability, including the risk of fraud. Identity theft, a type of fraud, costs businesses, governments, and individuals in excess of $56 billion a year. In order to develop good internal controls to help prevent and detect fraud, it is necessary to identify the risks to the business, but business owners are not always aware of what risk factors relate to identity theft. A nonexperimental research design formed the basis of this research study. The population for this study was data from all 50 U.S. states, represented via government databases maintained …

A Phenomenological Inquiry Into Identity Change On The Path To Long-Term Criminal Desistance, Leah B. Mazzola

Walden Dissertations and Doctoral Studies

Growing federal attention to addressing collateral damages of the era of mass conviction and mass incarceration has led to millions in funding allocated to support successful reentry for offenders in contact with the justice system. In line with this initiative, federal agencies have recently turned to criminal desistance research to build on earlier recidivism studies and to inform successful reentry programs. In an effort to contribute to opportunities for future research within the desistance paradigm, this study was designed to explore the identity change process of the offender from deviant to prosocial, a continuously emerging concept within the desistance literature …

A Qualitative Exploration Of The Use Of Contraband Cell Phones In Secured Facilities, Margaret E. Henderson

Walden Dissertations and Doctoral Studies

Offenders accepting contraband cell phones in secured facilities violate state corrections law, and the possession of these cell phones is a form of risk taking behavior. When offenders continue this risky behavior, it affects their decision making in other domains where they are challenging authorities; and may impact the length of their incarceration. This qualitative phenomenological study examined the lived experience of ex-offenders who had contraband cell phones in secured correctional facilities in order to better understand their reasons for taking risks with contraband cell phones. The theoretical foundation for this study was Trimpop's risk-homeostasis and risk-motivation theories that suggest …

Texas Sheriff Perceptions Of The Militia Movement, John F. Fisher

Walden Dissertations and Doctoral Studies

With the election of President Barack Obama, the United States has seen a steady increase in the number of right-wing militia groups. The Southern Poverty Law Center and the Department of Homeland Security have claimed that the various militia groups are a dangerous domestic terrorism threat. Law enforcement perceptions of the threat that these militia groups pose served as the focus of inquiry in this multiple case study. These perceptions were explored through the theoretical frameworks of groupthink, Credulous Bayesianism, and nudge theory. A purposeful sample of 12 local sheriffs in Texas were interviewed in an attempt to identify common …

Court-Appointed Special Advocates In The Rural South: A Fidelity Assessment, Shanna N. Felix

College of Graduate Studies: Theses & Dissertations

Children in the court system who are abused or neglected are mandated by the federal Child Abuse Prevention and Treatment Act (CAPTA) to have special legal representation in the form of a Guardian ad Litem (GAL). A GAL can be a staff attorney or he or she can be a volunteer layperson (known as a Court-Appointed Special Advocate, or CASA) who has undergone the GAL training. In some states, the CASA volunteer can be a substitute for the GAL, while in other states (like Georgia) the CASA is appointed by the judge as a complement to the staff attorney. To …

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …

Verification Of Recovered Digital Evidence On The Amazon Kindle, Marcus Thompson, Raymond Hansen

Journal of Digital Forensics, Security and Law

The Amazon Kindle is a popular e-book reader. This popularity will lead criminals to use the Kindle as an accessory to their crime. Very few Kindle publications in the digital forensics domain exist at the time of this writing. Various blogs on the Internet currently provide some of the foundation for Kindle forensics. For this research each fifth generation Kindle was populated with various types of files a typical user may introduce using one method, the USB interface. The Kindle was forensically imaged with AccessData’s Forensic Toolkit Imager before and after each Kindle was populated. Each file was deleted through …