Legal Studies Commons^™

Respect And The Role It Plays In Explaining The Disproportionate Number Of African-Americans Incarcerated, Tina B. Craddock

Theses and Dissertations

This was a quantitative research study that examined the roles respect and self-esteem play within the African American population. There is no disagreement among social scientists that there is a disproportionate number of African Americans incarcerated. This study attempts to offer one possible explanation. This was a quasi-replication of a study conducted nearly two decades ago using African American adolescent males between the ages of 14 to 18. This research study identified a sample population consisting of African American males and females between the ages of 18 and 50. A cross-sectional analysis was utilized using convenience sampling. The research instruments …

Evidence-Based Practice In Offender Programming: An Examination Of The Crimesolutions.Gov Registry, Mckenzie L. Jossie

UNF Graduate Theses and Dissertations

Offender reentry, felony declassification, and the opioids epidemic have led to quick and widespread implementation of substance abuse and mental health treatment programming in justice settings. This tremendous increase in offender treatment programming has outpaced applied research on program quality and treatment efficacy. This study examined whether designated evidence-based practices are actually delivered in funded treatment initiatives. Secondary data was utilized from the National Institute of Justice’s CrimeSolutions.gov, a national evidence-based practice and program registry. A content analysis methodology examined CrimeSolutions.gov program profiles and topical refereed literature through systematic analysis of five offender treatment evidence-based practices (actuarial screening, co-occurring disorders …

Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

In an effort to assist the judiciary in navigating the seemingly mixed messages coming from the Supreme Court, this paper reviews federal Circuit Court of Appeals case law which discusses required, permissible, and impermissible forms of judicial assistance to SRLs.

Inception: Virtual Space In Memory Space In Real Space, Peter Casey, Rebecca Lindsay-Decusati, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

Virtual Reality (VR) has become a reality. With the technology's increased use cases, comes its misuse. Malware affecting the Virtual Environment (VE) may prevent an investigator from ascertaining virtual information from a physical scene, or from traditional “dead” analysis. Following the trend of antiforensics, evidence of an attack may only be found in memory, along with many other volatile data points. Our work provides the primary account for the memory forensics of Immersive VR systems, and in specific the HTC Vive. Our approach is capable of reconstituting artifacts from memory that are relevant to the VE, and is also capable …

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and …

The Prevalence Of Hate Crimes Motivated By Sexual Orientation In Florida After The U.S. Supreme Court Legalization Of Same-Sex Marriages, Shawntozi Campbell

Theses and Dissertations

Research on the dynamics of violence has revealed that crimes involving a prejudicial motive often occur in close temporal proximity to a galvanizing event such as elections, terrorist attacks, or unprecedented Supreme Court decisions. Given the particularly contested nature of marriage policy, it is not inconceivable that same-sex marriage recognition might incite retaliatory violence. Same-sex couples were granted the right to marry by the United States Supreme Court in June of 2015. By June 2016, Orlando, Florida experienced the “deadliest incident of violence against LGBTQ people in U.S. history,” after a mass shooting at Pulse nightclub resulted in the death …

Violent Offenders And Assaults On Staff Members, Lisa Gentry Long

Theses and Dissertations

Violent Offenders and Assaults on Staff Members. Dissertation, Nova Southeastern University, Fischler College of Education, School of Criminal Justice Department. Descriptors: Violence, violent offenders, violent inmates, corrections, prisons, assaults, correction officers, staff members.

Prison facilities are an integral part of the criminal justice system. Prisons are meant to provide punishment, deterrence and rehabilitation for inmates that are serving time. Prisons across the country are understaffed due to many reasons. It is important for staff members to be trained on how to keep themselves and inmates safe when they are behind the walls of these facilities. Staff members are in positions …

Religion In Incarcerated, Jewish, Female Inmates, Marcia Janine Kesner

Theses and Dissertations

This study explored the role religious belief and practice played amongst Jewish, female inmates during their incarceration. A group of ten correctional chaplains who work with Jewish, female, inmates and a comparison group of ten chaplains who work with Protestant, female inmates were interviewed. The study determined the reasons for and benefits of religious observance among these inmates and included assisting in dealing with fear, providing a sense of peace, and deceitful motives for personal gains. Religious practice also assisted inmate populations in healing from trauma, improving self-respect and self-esteem, building support systems, and additionally for Jewish, female inmates constructing …

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

Law School Specialty Program Rankings: Is The Tail Wagging The Dog?, Robert R. Kuehn

Scholarship@WashULaw

In addition to its annual ranking of law schools, U.S. News ranks nine law school specialty programs. This year, U.S. News asked survey participants to rate specialty programs on a new 5-point scale mirroring the method used to assess the academic reputation of schools among peers and lawyers/judges. The program rankings show a noticeable bunching of law schools ranked highest by U.S. News also at the top of most specialty programs and an overpopulation of lowest ranked schools at the bottom.

To examine the strength of the relationship between a school’s peer assessment and specialty program reputation, scores for each …

Challenges To Legal Education, Clinical Legal Education, And Clinical Scholarship, Peter A. Joy

Scholarship@WashULaw

This essay analyzes the challenges to legal education and what those challenges may mean both to clinical legal education and to clinical scholarship. Since the Great Recession, several law schools have closed, some have merged, and still other law schools approved by the American Bar Association (ABA) have been found out of compliance with ABA Accreditation Standards and either have been directed to take specific remedial action, have been placed on probation, or have lost ABA-approval. While enrollment has rebounded at some law schools, other law schools have continued to experience much smaller entering classes than the entering class in …

Fiduciary Principles In Banking Law, Andrew F. Tuch

Scholarship@WashULaw

When are banks fiduciaries of their customers and clients? This question is of more than theoretical interest given the organizational structure of modern financial institutions and the broad-ranging functions they perform. In this chapter of the Oxford Handbook of Fiduciary Law, I canvass fiduciary principles in banking law. I consider when fiduciary duties exist and what they require, the range of remedies available for breach, and the various techniques banks use to exclude or modify fiduciary duties. One puzzling feature of the legal landscape is that clients bring actions less often than banks’ size and conduct might suggest, which contributes …

The Use Of Public Consultation To Construct Sex Work Related Policies, Ryan Horan

Theses and Dissertations (Comprehensive)

The present study is a qualitative analysis of the Online Public Consultation of Prostitution -Related Offences (OPCPRO), conducted by the Canadian Department of Justice in 2014. This research describes themes that arose within the discourses of respondents to the OPCPRO, and offers a critical examination of the use of online consultations in the production of public policy. I argue that respondents to the OPCPRO, regardless of their support or opposition for criminalization of sex work, strategically draw on values echoed within the Charter of Rights and Freedoms to frame their policy propositions as consistent with sex workers individual rights. I …

Informal Judicial Hierarchies: Case Assignment And Chamber Composition At The European Court Of Justice, Jens Frankenreiter

Scholarship@WashULaw

Is there a rationale behind non-random case assignment at the European Court of Justice (ECJ)? I argue that the flexible system of case assignment acts as a surrogate for a full-fledged judicial hierarchy, ensuring that the decision-making of the Court reflects the preferences of the majority of judges absent many hierarchical elements commonly observed in other judicial systems. I empirically test this hypothesis using Monte Carlo simulations of the composition of chambers during the time period 2009-2012 under alternative case assignment regimes. To proxy for judicial ideology, I use information on the political preferences of appointing Member State governments vis-à-vis …

Federally Funded Slaving, Rafael I. Pardo

Scholarship@WashULaw

This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders …

Development Of A Dart-Mass Spectral Database For 3d-Printed Firearm Polymers, And Airborne Mercury At Three Lakes In North Mississippi, Parker Ball

Honors Theses

This research focuses on two studies: a development towards a DART-mass spectral database for 3D-printed firearm polymers, and a test for airborne mercury concentrations at three lakes in North Mississippi. With the relatively recent developments in 3D-printing technology, 3D-printed firearms have become increasingly prevalent as they have become more accessible to the public. Despite its growing popularity, little research has been done regarding the forensic analysis of evidence from 3D-printed firearms. Using DART-MS in conjunction with thermal desorption techniques, we obtained the mass spectra for 50 different commercially available 3D-printing polymers. Chemometric analysis was done to account for the high …

Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Faculty and Staff Scholarship

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.

Just Preservation, Adrian Treves, Francisco J. Santiago-Ávila, William S. Lynn

Animal Sentience

We are failing to protect the biosphere. Novel views of conservation, preservation, and sustainability are surfacing in the wake of consensus about our failures to prevent extinction or slow climate change. We argue that the interests and well-being of non-humans, youth, and future generations of both human and non-human beings (futurity) have too long been ignored in consensus-based, anthropocentric conservation. Consensus-based stakeholder-driven processes disadvantage those absent or without a voice and allow current adult humans and narrow, exploitative interests to dominate decisions about the use of nature over its preservation for futurity of all life. We propose that authentically non-anthropocentric …

Rethinking Digital Forensics, Andrew Jones, Stilianos Vidalis

Research outputs 2014 to 2021

In the modern socially-driven, knowledge-based virtual computing environment in which organisations are operating, the current digital forensics tools and practices can no longer meet the need for scientific rigour. There has been an exponential increase in the complexity of the networks with the rise of the Internet of Things, cloud technologies and fog computing altering business operations and models. Adding to the problem are the increased capacity of storage devices and the increased diversity of devices that are attached to networks, operating autonomously. We argue that the laws and standards that have been written, the processes, procedures and tools that …