Legal Studies Commons^™

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …

Community Notification Policies, J.J. Prescott

Book Chapters

Community notification policies seek to prevent crime, raise awareness, or otherwise educate the public about criminal activity by requiring or permitting the police or other community actors to disseminate information to the public. Policies can focus on potential victims, potential offenders, the community at large, or some combination of these three. Victim-oriented policies seek to reduce the likelihood of victimization by encouraging precautionary behavior on the part of at-risk individuals. Offender-oriented policies publicize information (e.g., the severity of penalties or the likelihood of arrest) with the aim of deterring potential offenders from engaging in harmful activities. Community-oriented policies provide the …

Frequency Of Academic Interactions With Racial And Ethnic Minority Students And Student Attitudes Towards Campus Diversity And Diversity Programs, Sydney Theerman

Undergraduate Honors Thesis Collection

In response to concerns about differential access to higher education and the recognition of the value of diversity, universities are developing new programs to promote diversity and inclusive learning experiences on their campuses. Given this, it is important to understand what factors increase student support and understanding of the benefits of campus diversity in order to create an inclusive and tolerant campus environment. A number of studies have examined the impact of close friendships with people of minority race or ethnicity on students’ experiences with racial/ethnic diversity. This study adds to this research by focusing on interracial and interethnic academic …

Evaluating Gendered Responses To Title Ix Changes On College Campuses, Catarina E. Kaltenhauser

Honors Undergraduate Theses

On college campuses, Title IX is used to prevent sexual assault. As sexual assault is experienced predominately by women, this research seeks to examine a relationship between gender and opinions on the Title IX changes of 2017, which rescinded protections for victims of sexual assault. To answer this, a thematic content analysis was conducted on online news article comment forums. The results indicated that men were more likely to support changes to Title IX guidelines, and women were more likely to oppose these changes. Drawing on these differences, administrators on college campuses can be prepared for new programming and new …

Media Effects And Criminal Profiling: How Fiction Influences Perception And Profile Accuracy, Asha Bolton

Theses and Dissertations

The objective of this dissertation was to investigate whether media and fictional information that is observed daily can influence perception to build a criminal psychological profile. Staggering between a distinguished art and science, the term profiling has been known by several different names – including criminal profiling, psychological profiling, offender profiling and more. Bandura (2009) believed that exposure to television and other media feeds into a socially constructed reality, where the audience is inevitably influenced by the beliefs and cognitions of observed media. The researcher believed that exposure to media can either influence criminal profiling and investigations with increasing accuracy …

Role Of School Counselors In Deterring Juvenile Delinquency: A Mississippi Pilot Study, Wesley A. Hendrix

Electronic Theses and Dissertations

Throughout the world juvenile crime remains a major part of the criminal justice system. Although crime has been on the downward trend for the past decade there is still much research that has been done is this area and is on-going. Most research that has been done in this area has solely looked at the juveniles searching for reasons as to why they commit crime. This research looked at a different aspect of juvenile crime. School counselors have a direct role in shaping a youth’s future life and have influences that others may not have. This qualitative research referenced two …

Women, Domestic Violence Service Providers, And Knowledge Of Technology-Related Abuse, Nadine White

Walden Dissertations and Doctoral Studies

Many victims of domestic violence face continued exposure to abuse through technology because intimate partners may use technology as weapon against them. Some domestic violence service professionals lack necessary information or training to educate victims. The impact on victims has not been thoroughly examined. The purpose of this qualitative case study was to assess the impact on women when domestic violence service providers do not provide current information about technology-related abuse to promote safety when providing service to victims. The conceptual framework was the Duluth model of power and control and the feminist perspective on intimate partner violence. The primary …

Perceptions, Lived-Experiences, And Environmental Factors Impacting The Crime-Reporting Practices Of Private College Students, Kelly Lynn Arney

Walden Dissertations and Doctoral Studies

The purpose of this study was assessing the perceptions of student's on how the campus climate impacts their likelihood of reporting crime. Victimization studies have been conducted at large universities and community colleges; however, there remains a lack of research regarding private colleges. This study was designed to examine the reasoning behind students' crime-reporting behaviors and the influencers that impact their decisions. Cohen and Felson's routine activity theory along with the collective-efficacy theory were used as frameworks to analyze the crimes that occur to college students as well as to explore the reasons for not reporting some crimes to law …

National Strategy Against Narcotics, Drug Control Policy, And Law Enforcement Experiences In Kosovo, Ferid Azemi

Walden Dissertations and Doctoral Studies

This research is focused on evaluation of National Strategy Against Narcotics (NSAN) enacted in 2012 in Kosovo. The purpose of this study was to understand the impact of NSAN through visualizing data and gaining deeper insight from experiences of antidrug experts. Convergent parallel mixed methods were used to answer the main research questions. The central research questions examined the impact of strategy implementation in juvenile drug arrest reduction, and its effectiveness on Kosovo criminal justice system. Markwood's comprehensive theory of substance abuse prevention (CTSAP) was used to assess and explore the NSAN. Deidentified juvenile arrest rates taken from Kosovo official …

Relationship Between Race, Gender, And Elder Abuse Awareness, James Earl Burrell

Walden Dissertations and Doctoral Studies

Lack of elder abuse awareness and underreporting is an increasing problem in the United States in that only 1 in 14 cases of elder abuse is reported. The failure to report incidents of elder abuse and suspected elder abuse allows further abuse of elders and for elder abusers to go unpunished. The purpose of this quantitative nonexperimental study was to understand the relationship between race, gender, and elder abuse awareness and fill the gap in elder abuse literature. Research questions tested mean differences between race and gender, respectively, and elder abuse awareness. The theoretical frameworks for this study were the …

Valuation Of Ex-Offender Motivation For Participation In A Restorative Justice Praxis, Kenneth Lang

Walden Dissertations and Doctoral Studies

Restorative justice (RJ) is an emerging concept of justice in the American penal system that seeks equality for all stakeholders involved. While RJ is vastly under researched--especially concerning RJ and violent offenses--current studies have only focused on determining victims' motivations for participating in RJ. Determining and evaluating offender motivations for participating in RJ remains unexplored. The purpose of this study was to explore the possible motivations of criminal offenders and their willingness to participate in RJ. The social construction framework and the narrative policy framework were employed to understand the social context. A mixed-method approach was used that began with …

Psychological Characteristics Of Sex Offenders, Patrick Mcmunn

Walden Dissertations and Doctoral Studies

Current therapeutic treatment methods are ineffective in identifying at-risk sex offenders and reducing recidivism of known offenders, likely due to inadequate identification of specific traits of sex offenders. Previous research and prominent theories in the area of sex offender treatment, in terms of the biological foundation of substance abuse, behaviors of sex offenders, and the presence of aggression, helped to guide this research. Data about sex offenders were collected, as reported by mental health professionals who treat them and focused on three characteristics: maladaptive interpersonal behaviors, impulsivity, and antisocial behaviors, on which the research questions were formed to detect commonality. …

Psychosocial Differences In Far Right, Far Left, Islamic, And Single Issue Lone Extremists, Tamara Marie Lamontagne

Walden Dissertations and Doctoral Studies

Acts of lone extremism are on the rise, yet little is known about who commits these acts. Research in this area has failed to delineate by extremist subtype. This has led to the misconception these acts and actors present with such variance psychosocially that they cannot be predicted. The purpose of this research was to assess whether statistically significant relationships exist between lone extremist subtypes on the psychosocial variables of mental illness, substance use, and having radicalized friends or family members. The conceptual framework for this study was De La Corte's psychosocial principles of terrorism, which addressed the social and …

Individuals Who Sell Drugs Placed In Treatment: The Perspective Of Their Counselors, Natasha Herbert

Walden Dissertations and Doctoral Studies

Individuals who sell drugs are often mandated by legal forces to substance abuse treatment because of their criminal offenses and the belief they may have a drug problem. Previous researchers have noted this population may be disruptive in the treatment process, but it has not been explored in depth. The purpose of this phenomenological study was to learn the lived experiences of counselors who work with individuals who report a primary problem of selling drugs, not substance abuse, who are mandated to a substance abuse treatment program. Thirteen semi structured interviews were conducted with counselors who have worked with individuals …

Police Chiefs' Perceptions Of Supervisors' Membership In Subordinate Officers' Unions, Mark P. Derosia

Walden Dissertations and Doctoral Studies

Police supervisors who enjoy membership in their subordinates' police union may contribute to organizational discord by failing to enforce organizational policy among their subordinates. The purpose of this multiple case study was to examine the perceptions of 9 municipal chiefs from a west coast state in the United States regarding how supervisors' membership in their subordinates' police union affects policy enforcement and how supervisor enforcement of policy may impact police officer discipline. The conceptual framework was based on dual-commitment conflict theory. Data were collected using semi structured interviews and e-mail questionnaires. Data were member checked and cross-interpreted through coded analysis. …

The Use Of Compassionate Release Policies For Elderly Offenders, Lindsey Martin

Walden Dissertations and Doctoral Studies

This research examined the use of compassionate release policy in response to the fastest-increasing segment of the prison population- elderly offenders. Though this policy is an approach to this problem, there was little available research regarding which correctional organizations in the United States adopt compassionate release and how it is used. The purpose of this nonexperimental comparative quantitative study was to examine the use of the policy in neighboring and distant state correctional systems relative to those organizations that used the policy more frequently to determine if the leader-laggard theory of policy diffusion was an effective policy-implementation framework. The research …

How Crime Dramas Influence Perception Of Crime, Abby Hogan

Undergraduate Honors Thesis Collection

Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people’s views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including …

The Effects Of Social Media Use On The Perceptions Of Mental Illness Among College Students, Brea Fisher

Undergraduate Honors Thesis Collection

This study examined individuals’ use of and perceptions of social media networking sites (i.e. Facebook and Twitter) on their perceptions of mental illness. Previous studies have consistently found that media, by means of TV shows, movies, and news reports, depict distorted views of the mentally ill. Previous studies have also consistently found that these media depictions are related to increased stigma of mental illness and the mentally ill. This current study goes a step further by examining the role of social media networking sites on individual’s perceptions, since they are newer and more widely used forms of social media today. …

Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker

All Faculty Scholarship

Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Jail Administrators' Compliance With The Prison Rape Elimination Act, Leone M. Lee

Walden Dissertations and Doctoral Studies

Correctional institutions across the United States continue to experience prisoner sexual assault despite the enactment of the Prison Rape Elimination Act of 2003 (PREA). The purpose of this correlational study was to examine the association between jail administrators' difficulty complying with the PREA and their transformational leadership styles. The theories of punctuated equilibrium theory and general strain theory formed the theoretical framework of the study. The data were collected through an Internet-based survey from 22 local and regional jail administrators from the East Coast. Data analysis using Pearson's correlation coefficient was performed on leadership scores to test the hypotheses. There …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

Annual Report 2019, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in the 2018-2019 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as law …

Optimizing Methods For Separation Of Adhesive Tape From Fabrics And Obtaining Latent Prints From Adhesive And Non-Adhesive Sides, Elizabeth Vosburgh

Forensic Science Theses

Fingerprinting is a valued part of forensic science analysis. It has been around for decades, and has advanced with the passing of time. There have been numerous studies of the different ways analysts have encountered fingerprints in the field—but none on those deal with the removal of tape from fabric. To investigate this, eight fabric types (a cotton/polyester mix, spandex, denim, jeans, fleece, flannel, polyester, and vinyl), three commercially available tapes (duct tape, black electrical tape, and packaging tape), have been stuck together and separated with four different techniques (manual pulling apart, Un-Du commercial adhesive remover, liquid nitrogen, and a …

The Long Wait For An Improbable Death: A Look At Delays In Executions In Kansas And Possible Reforms To Capital Punishment, Amy M. Memmer, Melanie K. Worsley, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

This article uses Kansas as a case study to show how in Kansas, as in many other states in the United States, the execution of a death sentence is so improbable, and the delays that precede it so extraordinary, that any arguable deterrent or retributive effect capital punishment might once have had has been severely diminished. This article considers possible reforms to the capital punishment system aimed at reducing the delay between sentencing and execution, and the risks that would accompany those reforms. This article also considers whether capital punishment should still be considered a viable option for states in …

Get Out Of My Driveway! Collins V. Virginia Protects Curtilage From Being Trampled By The Automobile Exception, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

In Collins v. Virginia (2018), the U.S. Supreme Court held that the automobile exception cannot justify a warrantless search of an automobile parked in a home’s curtilage because the automobile exception pertains solely to the search of the automobile, not to the intrusion upon the Fourth Amendment privacy interest in the home’s curtilage. After giving an overview of relevant Fourth Amendment jurisprudence concerning the curtilage doctrine and the automobile exception as well as the history of the exclusionary rule, this article examines the majority, concurring, and dissenting opinions in Collins and discusses the implications of this important decision. Collins …

Does Insider Trading Pay? An Analysis Of Trading And Tipping Activities In Insider Trading Litigation, Aneta Spaic, Claire Nolasco, Lily Chi-Fang Tsai, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Purpose

This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014.

Design/methodology/approach

Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes.

Findings

Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close …

All Things Considered: Child Custody After A Same-Sex Dissolution Of Marriage, Alissa M. Williams

Honors Undergraduate Theses

Following the decision rendered in Obergefell v. Hodges, there have been unabating talk as to how courts may rule on disputed matters involving same-sex marriages. One specific aspect this thesis intends to focus on is what to expect from custody rulings following dissolutions of same-sex marriages. The purpose of this thesis is to interpret just how courts may rule regarding child custody in same-sex divorces, based on the concept of stare decisis. Given the fresh face of marriage equality in America, there is a lack of research done in the area. This thesis will serve as a substructure and reference …

The Honorary White Population: Fighting For Self-Identification, Reina E. Chehayeb

Honors Undergraduate Theses

The intent of this thesis is to explore the history of classification of Arab-Americans within the United States, showcase how Arab-Americans have encountered systematic racism, and give reasons why Arab-Americans should be able to self-identify. Currently, according to the Census definition, Middle Easterners fall under the "White" category. This is a misrepresentation of Middle Easterners as they should be considered a minority in light of societal treatment and policies set forth by policy makers. Even though much research has been conducted by the Census, they have elected to withhold the Middle Eastern or North African (MENA) category from the 2020 …

Adult Justice In Nebraska 2019, Nebraska Center For Justice Research - University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas County) and …