Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons™

Open Access. Powered by Scholars. Published by Universities.®

2020

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 181 - 210 of 508

Full-Text Articles in Legal Studies

The Correlation Between County Expenditures And Ab109 Recidivism: A Cross-Sectional Analysis, Maya Crim Jun 2020

The Correlation Between County Expenditures And Ab109 Recidivism: A Cross-Sectional Analysis, Maya Crim

Electronic Theses, Projects, and Dissertations

In response to a federal mandate, California passed Public Safety Realignment policies in 2011 to reduce its prison population. Popularly known as Assembly Bill 109 (AB109), these policies sought to reform the prison system on multiple fronts. One of these fronts is preventing recidivism among offenders. Most studies on recidivism look at individual factors or specific micro interventions. However, the aim of this research was to examine the relationship between external factors and recidivism rates across 55 California counties. Using Spearman’s Correlation, this study tested the hypothesis that external factors such as county funding/expenditure, poverty level, and unemployment level monotonically …


Impact Of Denial Of Sexual Offenses On Sentencing And Treatment Strategies, Jenna Luallen May 2020

Impact Of Denial Of Sexual Offenses On Sentencing And Treatment Strategies, Jenna Luallen

Honors Theses

The prevalence of sexual offenses calls for a reevaluation of how the system treats offenders and addresses indicators of risk. How an individual convicted of a sexual offense accepts or denies the assault can weigh heavily on the sanctions imposed upon them, and how the system processes the offender. Acceptance of guilt is an important goal in offender treatment programs, and denial is reportedly used as an indicator of high risk of recidivism. Deeper examination into how individuals who deny their offense are understood and processed throughout treatment aids in the identification of best practices for working with sex offender …


Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty May 2020

Not All Videos Are Created Equal: Camera Perspective Bias And Video-Recorded Eyewitness Identification Procedures, Kelsey N. Doherty

Student Theses

Video-recorded eyewitness identification procedures can preserve an accurate record of the conditions under which the eyewitness made an identification. Scholars posit that having the record will allow legal actors to make better decisions on the basis of an identification. Yet limited research has examined how jurors’ judgments are influenced by this evidence. Research on other types of video-recorded evidence has demonstrated a strong camera perspective bias, wherein jurors’ judgments are influenced by the angle with which the evidence is recorded. This study examined whether the camera perspective bias similarly influences jurors’ perceptions of video-recorded identification procedures. Participants viewed a mock …


Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt May 2020

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.


Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders May 2020

Criminal Injustice: Considering White Privilege And Colonization In The Examination Of Racial Bias In The United States Criminal Justice System, Jane E. Sanders

LSU New Orleans Theses and Dissertations

Laws and institutions in the United States have consistently marginalized people of color throughout the country's history. This research examines the United States' criminal justice system while considering how the country’s past of oppression has resulted in a racially biased system. Through analysis of policies, literature, and quantitative data, the primary goal of this research is not only to exhibit that racial discrepancies exist within the criminal justice system, but also to question how they persist in order to determine a solution. By utilizing both qualitative data collected through existing social theory as well as quantitative data showing varying perceptions …


How Restorative Justice Practices Affect Adolescent Recidivism Rates: An Examination, Jordan A. Grant May 2020

How Restorative Justice Practices Affect Adolescent Recidivism Rates: An Examination, Jordan A. Grant

University Honors Theses

This thesis explores the current implementation of restorative justice practices in various parts of the United States of America to determine if there is a link between the use of these practices and lowered recidivism rates. The literature reviewed for this paper span multiple juvenile justice systems giving a stronger view of how different states support victims, juvenile offenders, and the communities they impact at large. Through the literature found, the majority found the use of restorative justice programming reduced recidivism rates for the populations included in the samples. In future research, there is a continued gap in whether or …


Substance Use, Neurocognitive Deficits, And Criminal Recidivism, Emily H. Kim May 2020

Substance Use, Neurocognitive Deficits, And Criminal Recidivism, Emily H. Kim

Student Theses

Many offenders demonstrate substance use and neurocognitive impairments. Substance use directly impacts executive functioning due to poor impulse control, leading to impaired decision- making. Substance use and neurocognitive deficits also contribute to recidivism. Incarcerated individuals with substance use disorder have higher rates of recidivism, and executive dysfunction has been shown to contribute to recidivism due to low behavioral inhibition skills and deficiency with cognitive flexibility. There is a discontinuity in literature, however, since many studies only investigate either substance use or neurocognitive deficits to predict recidivism. However, it is important to examine the interaction of these factors to predict future …


The Relationship Between Traumatic Brain Injuries, Impulsivity, And Crime, Brian Ramanauskas May 2020

The Relationship Between Traumatic Brain Injuries, Impulsivity, And Crime, Brian Ramanauskas

Student Theses

The rate of traumatic brain injuries (TBIs) are increasing each year, impacting an estimated 1.4 million Americans. After further investigation, researchers have concluded that 8.5% of the general public sustains at least one TBI, whereas this number ranges from 25% to 87% in criminal populations. In the literature, impulsivity is frequently described as poorly conceived, prematurely expressed, or inappropriate behaviors. Additionally, poor impulse control has been shown to significantly impact the likelihood of criminal activity, increasing the rate of recidivism. The current study examined an archival dataset of 95 incarcerated individuals from a private correctional facility in a large mid-Atlantic …


Delinquency In The Caribbean: Stakeholder Perceptions Of Root Causes, Laura Nolterieke May 2020

Delinquency In The Caribbean: Stakeholder Perceptions Of Root Causes, Laura Nolterieke

Honors Theses

There is a gap in the research on juvenile delinquency within the Caribbean context. As countries such as St. Lucia, Guyana, St. Kitts, and Nevis have growing delinquency and crime rates, there is a need to bridge this gap in the literature. This research sought to examine the main causes of juvenile delinquency within St. Lucia, Guyana, St. Kitts, and Nevis, as described by juvenile justice stakeholders, such as probation officers, prosecutors, and judges, within their respective countries. Through the use of grounded theory, the data were coded and analyzed using a constant comparison method. From these data, six themes …


Mindfulness And The Need To Minimize The Risk Of Harm: A Proposal To Implement And Enforce Standards For Secular Mindfulness Practice, Michael Falick May 2020

Mindfulness And The Need To Minimize The Risk Of Harm: A Proposal To Implement And Enforce Standards For Secular Mindfulness Practice, Michael Falick

Mindfulness Studies Theses

While Western mindfulness practice is indeed beneficial for many participants, the research now clearly demonstrates that for some meditators, there are attendant potential risks. These potential risks to practitioners require a level of care from those individuals (and corporations) that disseminate mindfulness practice. Historically, in traditional Buddhist practice, mindfulness was but one of the eight factors on the Noble Eightfold Path. An important component of traditional practice strongly relies on ethics in the delivery of the practice. A formalized standard of care for modern, secular mindfulness practices, and a method to implement and enforce that standard, will greatly enhance safety …


School Violence Threat Assessment: Professional Development Training For K-12 Educators, Christopher J. Potter May 2020

School Violence Threat Assessment: Professional Development Training For K-12 Educators, Christopher J. Potter

Dissertations, Theses, and Projects

While threats of violence are relatively common in U.S. K-12 schools, the likelihood of a threat being carried out is very low. School leaders must take all threats of school violence seriously but must also have evidence-informed means to discern less-serious, transient threats from more serious, substantive ones. School violence threat assessment training is a vital professional development tool, to ensure safer schools while avoiding unnecessary labeling of students or overly harsh consequences through disciplinary over-reaction. This manual supplements an abbreviated professional development training presentation on school violence threat assessment based on research and models developed by Dr. Dewey Cornell, …


The Function Of The Hukou System In Post-Revolutionary China & Its Autonomous Regions, Joseph Kramer May 2020

The Function Of The Hukou System In Post-Revolutionary China & Its Autonomous Regions, Joseph Kramer

Master's Theses

Over the course of more than two millennia the Hukou System has shifted in scope and purpose. In dynastic times it served as a mechanism of tax acquisition. In more recent years it has functioned as a method of census and land distribution. Today it holds a duplicitous function serving as both an economic and social control mechanism. The Hukou achieves this through controlling movement through a passport like system of internal registration. In simpler terms, think of the Hukou as an internal passport regulating movement while simultaneously holding all of your biometric data which is surveilled and controlled by …


The Language Abilities Of Justice-Involved Adults, Talaya Patton May 2020

The Language Abilities Of Justice-Involved Adults, Talaya Patton

Student Theses

This study explores the relationship between language abilities and involvement with the justice system across the lifespan. Previous research has demonstrated a significantly higher prevalence of language impairment in juvenile justice populations, relative to the general population. These language impairments have been found across both expressive and receptive abilities, often previously undiagnosed.Further, juvenile justice involvement is a well-established predictor for later adult criminal behavior.However, no studies to date have explored the effects of language abilities and juvenile justice involvement on future outcomes, namely continued justice involvement in adulthood. The current study utilizes archival data on 95 incarcerated men to analyze …


The Socio-Demographic Factors Influencing Ntca Immigrants’ Accessibility To Mexico’S Health Care System, Ken Nishikata May 2020

The Socio-Demographic Factors Influencing Ntca Immigrants’ Accessibility To Mexico’S Health Care System, Ken Nishikata

Master's Theses

Mexico’s geographical location has made the country play a centric role in trans-national migration from the Northern Triangle of Central America (NTCA) comprising Guatemala, El Salvador and Honduras. As a result, immigration has increasingly become a political issue for Mexico over the past decades[1]. Before the eruption of the Central American crisis in the 1980s, Mexico’s southern border with Guatemala was recognized for its openness. However, such a tolerating status-quo changed as the number of NTCA immigrants entering Mexico increased upon the exacerbation of the crisis that placed thousands of individuals in exile. Indeed, the turmoil during the …


Investigating The Efficacy Of Dna Damage With Bleach In Forensic Laboratories And At Crime Scenes, Alyssa Tuccinardi May 2020

Investigating The Efficacy Of Dna Damage With Bleach In Forensic Laboratories And At Crime Scenes, Alyssa Tuccinardi

Honors Theses

Household/commercial bleach (6% NaOCl, sodium hypochlorite) degrades DNA through oxidative damage, production of chlorinated base products, and cleavage of DNA strands (breaking it into smaller and smaller fragments). The presence of these lesions significantly impacts the ability to generate a full genetic profile from an evidentiary sample. In fact, knowledge of the damaging effect of bleach on DNA is the basis for its use in forensic laboratories to clean workbenches and prevent cross-contamination of samples between cases. Additionally, bleach is used intentionally by criminals to clean up crime scenes and destroy DNA evidence. A previous study demonstrated that bleach has …


Photofading Of Black Dyes In Cotton And Polyester Fibers Resulting From Environmental Exposure To Sunlight, Maggie E. Mahaney May 2020

Photofading Of Black Dyes In Cotton And Polyester Fibers Resulting From Environmental Exposure To Sunlight, Maggie E. Mahaney

Honors Theses

Color is one of the most important properties analyzed during forensic fiber examinations due to its discriminatory power. Differing colors in fibers are usually sufficient grounds for exclusion, but in cases where a lengthy period has passed between crime commission and evidence recovery, the high probability of environmental degradation having altered the questioned fibers’ properties could lead to false exclusions. Photofading, the loss of color resulting from exposure to light, is a common form of degradation observed in fibers. Although well-known in the dyeing industry, it is not typically factored into forensic fiber examinations. Published photofading research has been limited …


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman May 2020

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, …


The Government Has Information Foia (For Ya): An Analysis Of Requesting Police Records In Collegedale, Tennessee And Athens, Georgia, Tierra Hayes May 2020

The Government Has Information Foia (For Ya): An Analysis Of Requesting Police Records In Collegedale, Tennessee And Athens, Georgia, Tierra Hayes

Capstone Research Projects

The Freedom of Information Act first went into effect in 1967 and was intended to give the general public of the United States more access to information and documents held by government entities. Since enactment, this act has given specifically journalists a means of approach to request previously undisclosed or hard to access materials including, but not limited to, police reports, body camera footage, court filings, budgets, salaries, and other documents held by various government offices. While there are restrictions with considerations such as national security, this access can be seen on national, state, and, as assessed in this research, …


Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond May 2020

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …


Models Of Pre-Promulgation Review Of Legislation, Rachel Myers May 2020

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …


Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith May 2020

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …


Animal Assisted Therapy On Law Enforcement Mental Health: A Therapy Dog Implementation Guide, Melena Purvis May 2020

Animal Assisted Therapy On Law Enforcement Mental Health: A Therapy Dog Implementation Guide, Melena Purvis

Honors Projects

The mental health of law enforcement officers is an ever increasing problem, with our nation’s police officers seeing a constant increase in things like PTSD, depression, and other mental illnesses. However, mental health is already a highly stigmatized topic that is not commonly addressed, and a police subculture of strength and toughness just reinforces that stigma and makes it that much harder for police officers struggling with these issues to get help. This project combines innovation with research to come up with a way to try and improve the mental health of those officers struggling. It provides a manual for …


Investigation Of The History Of Fingerprinting, Advancements In The Field, And Development Of Potential Methods That Could Improve The Detection Of Endogenous And Exogenous Drugs In Latent Prints, Kristen Malloy May 2020

Investigation Of The History Of Fingerprinting, Advancements In The Field, And Development Of Potential Methods That Could Improve The Detection Of Endogenous And Exogenous Drugs In Latent Prints, Kristen Malloy

Honors Theses

When someone thinks of fingerprinting, they are most likely going to picture how a latent print is matched to the fingerprint of a suspect based on ridge pattern analysis. However, there is much more information that can be obtained from a latent print. The work performed in this thesis focuses the detection of exogenous and endogenous drugs in latent prints. The experiments performed analyzed fingerprints from volunteers that were contaminated with one of three common painkillers: acetaminophen, acetylsalicylic acid (ASA), and ibuprofen. Three different instruments were tested for this purpose: MALDI-MS, ATR-FTIR, and LC-MS. Based on the results gathered, it …


The Impact Of Prison Facility Characteristics On The Various Uses Of Solitary Confinement, Emily Berst May 2020

The Impact Of Prison Facility Characteristics On The Various Uses Of Solitary Confinement, Emily Berst

Senior Honors Projects, 2020-current

Researchers have not yet dedicated sufficient attention to the effect of prison facility characteristics on the various uses of solitary confinement. This study employs nationally representative correctional facility survey data to assess how certain prison characteristics affect the use of disciplinary segregation, administrative segregation, and protective custody. The prison characteristics include inmate total, female facility, proportion of inmates in maximum custody, proportion of black inmates, overcrowding, staff-to-inmate ratio, proportion of inmates with work assignments, and total assaults. The study also evaluates how the various forms of solitary confinement impact prison violence/misconduct. Poisson regression models suggest that the use of all …


Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson May 2020

Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson

Seattle Journal of Technology, Environmental, & Innovation Law

For America’s children, the amount of screen time they consume has not changed much over the years. Children under eight have steadily spent about two hours a day in front of a screen, with those under age two averaging 42 minutes a day. Children from low-income families spend roughly an hour and forty minutes longer in front of a screen. According to the American Academy of Pediatrics, screen time should be limited to two hours a day for children ages two to five; whereas, for those youngest children—under two years—they recommend zero screen time.

While the average amount of screen …


Keep Kids Out Of Prison: Community-Based Alternatives For Nonviolent Juvenile Offenders, Anessa L. Pennington May 2020

Keep Kids Out Of Prison: Community-Based Alternatives For Nonviolent Juvenile Offenders, Anessa L. Pennington

Intuition: The BYU Undergraduate Journal of Psychology

Abstract

While juvenile crime has dropped over the past 20 years, tens of thousands of juvenile offenders are still incarcerated around the country, many of whom are nonviolent offenders. Researchers have found that detention centers, sometimes indistinguishable from adult prisons, do little to reduce recidivism and rehabilitate the offender. Rather, detention brings about more adverse effects than it does benefits. If incarceration isn’t working, how are the United States and other countries to deal with and deter juvenile crime? Community-based programs are a promising alternative to incarceration; instead of jumpsuits and cramped cells, community-based programs rely on community resources and …


Small Island Taphonomy In Western Australia, Courtney J. Newberry May 2020

Small Island Taphonomy In Western Australia, Courtney J. Newberry

Honors Theses

Forensic death investigations rely on postmortem interval estimations to establish a timeline surrounding a decedent’s death. Several methods are used, often together, to make such estimations. One of the main methods is the evaluation of the stage of decomposition; although decomposition follows the same general steps, the length of the process can vary by location and environmental factors. Animal scavenging can also impact decomposition by consuming flesh and impacting insect activity on the remains.

This study investigates the scavenging guilds and rate of decomposition of pig (Sus scrofa) legs on Rottnest Island, Australia. Three sites with unique environments were selected …


Gender And Judicial Decision-Making, Alexandra Just May 2020

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …


Invisible Harm: Verbal Sexual Coercion Among College Students, Char Chezanne May 2020

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 May 2020

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 …