Legal Studies Commons^™

Gun Control In America: A Global Comparison, Lee Spieller

Themis: Research Journal of Justice Studies and Forensic Science

The United States has a high number of gun-related deaths compared to the rest of the world. Many approaches attempt to help mitigate these deaths, but few have proven ultimately successful on a national level. The purpose of this paper is to establish the need for gun reform by determining the relationship between guns and fatalities and covers how the US and foreign countries approach gun control. More specifically, this paper will examine each of the different approaches: firearm access restrictions, licensing restrictions, carry restrictions, and issuing parameters for concealed weapon permits. This examination will include firearm homicide rates as …

Current Applications And Limitations Of Forensic Entomology, Helena Volckaert

Themis: Research Journal of Justice Studies and Forensic Science

Forensic entomology is the study of arthropods concerning their application in crime scene investigation as a method of predicting postmortem interval (PMI) in deceased or missing individuals. PMI is determined by the life stage of insects present on-scene. Insects used in criminal investigations are primarily beetles, flies, or moths; this may also include various scavenging insects and hitchhiking mites. These creatures help colonize decayed tissue, providing crime scene personnel with live specimens collected and examined for biological evidence. Forensic entomology is currently a niche application in most investigations—as qualified entomologists are often needed—and proper analysis of collected evidence can be …

The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid

Themis: Research Journal of Justice Studies and Forensic Science

Current feminist and anti-rape movements in the United States seek to amplify the voices of women regarding sexual assault. Unfortunately, within this amplification, the voices of Black women are often excluded, which is a direct effect of historically ignoring the abuses of Black women and rarely ever bringing their abusers to justice. These injustices, often committed by white men and perpetuated by white women, create a destructive rhetoric in stereotyping Black women while also silencing them throughout modern movements, especially those of feminist and anti-rape causes. This essay will examine the consequences of three problematic aspects of US history and …

Qualitative Analysis Of Luminol Efficacy On Bleach-Cleaned And Paint-Concealed Blood, Adam Wykoff

Themis: Research Journal of Justice Studies and Forensic Science

The presence of blood at a crime scene can provide investigators with a treasure trove of information regarding the nature and circumstances of a particular crime and aid in crime scene reconstruction; however, attempts at concealing blood are common scenarios. The development of chemiluminescent and fluorescent-based presumptive tests, such as the luminol and fluorescein tests, have made it more challenging to definitively remove or mask blood on a surface. The purpose of this experiment was to qualitatively measure the overall efficacy of luminol, concerning its ability to positively detect small bloodstains found on common household floor surfaces (wood, carpet, and …

Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe

Undergraduate Theses and Capstone Projects

Studies have shown that in the past fifteen years, the number of people jailed in the United States has sharply increased, thereby continuing the upward trend of incarceration that erupted in the 1980s. Jail populations are steadily increasing; yet, in the past fifteen years, the number of people convicted of crimes has stayed the same. The reason for this phenomenon: individuals are forced to remain in jail not because they are deemed a threat to public safety, but because they cannot afford the cost of bail. This system has drastically deviated from its original purposes and now destroys lives by …

The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi

Themis: Research Journal of Justice Studies and Forensic Science

The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …

An Empirical Examination Of Courts Of Appeals Judges’ Voting In First Amendment Retaliation Cases Involving Police Officers, Mary Ann Boyd

Criminology & Criminal Justice Theses - Archive

The impact of judicial ideology on voting in First Amendment decisions has been the subject of many empirical investigations in U.S. Courts of Appeals and District Courts. However, little attention has been devoted to studying how ideology impacts voting in First Amendment retaliation claims brought by law enforcement officers against their departments. This study is designed to fill this gap in the literature. Judges must consider and balance the right of public employees to exercise individual self-expression and autonomy while also safeguarding the rights of public institutions that provide necessary services to the public (Tsesis, 2015). Often the lines can …

Forecasting Success: Using The Texas Risk Assessment System To Predict Early Discharge In A Large Sample Of High, Moderate, And Low Risk Offenders, Carley Rene Shelton

Criminology & Criminal Justice Theses - Archive

Little is known regarding predictive factors that contribute to adults successfully completing felony probation—particularly those who are granted early release. The current study attempts to fill this gap by analyzing data from a large, urban, community supervision and corrections department to examine what predictive factors—as identified by the Texas Risk Assessment System (TRAS) impact successful early release from adult felony probation. Results from multivariate logistic regression models revealed that the TRAS domains of criminal history and education/employment were significant predictors of early dismissal from felony community supervision as was the total TRAS risk score. Additionally, being male and black significantly …

Absent Father Timing, Criminal Behavior, And Arrest Across The Life Course, Krysta N. Knox

Criminology & Criminal Justice Theses - Archive

Although prior research has examined the link between having an absent biological father and self-reported delinquency, few studies have assessed the influence of the timing of paternal absence (i.e., the child’s age when father leaves). Using data from the National Longitudinal Study of Adolescent to Adult Health (Add Health), the present study examines the impact of the timing of biological father absence on delinquency and arrest across the life course. Results of negative binomial regression reveal that biological father absence before birth, early in childhood, (birth to age 5) and late adolescence (age 14 to 18) was significantly related to …

Extreme Ideologies, Situational Factors, And Terrorists’ Target Selection, Evan Mudgett

Graduate Theses and Dissertations

The purpose of the current study is to examine how ideology and situational factors shape terrorist target selection in the United States. While a growing number of studies have examined target selection by terrorists, the current study is the first to consider how combinations of factors present situated opportunities for terrorists to select particular types of targets as opposed to others. Guided by the situational crime prevention approach, this study relies on data from the American Terrorism Study (ATS) to measure attributes of incidents perpetrated by far-right and Islamic extremists and target selection. The outcomes of interest include government versus …

Rules, Standards, And Such, Kevin M. Clermont

Buffalo Law Review

This Article aims to create a complete typology of the forms of decisional law. Distinguishing “rules” from “standards” is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image.

A clearer distinction would be useful in formulating and applying the law. For the law-applier, it …

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …

Juvenile Diversion Programs: Comparing Minnesota County Characteristics To Determine Their Role In Pre-Trial Diversion Programs, Kaydin Schmitt

Political Science Theses and Capstones

The main goal of the juvenile justice system is to rehabilitate offenders and prevent youth from entering the adult justice system. One approach is through the use of diversion programs. The state of Minnesota requires all counties to offer at least one type of pre-trial diversion program. However, there is no ubiquitous program; the number and types of programs differ between counties, and the reason for these differences between jurisdictions is under-researched. I analyze the number and types of pre-trial diversion programs in Minnesota counties and compare them to various county characteristics to determine which characteristics play a role in …

Analysis Of Cannabinoids In Serum By Gc-Ms/Ms, Christie Cannarozzi

Student Theses

Due to recent changes in federal and state legislations, the availability and consumption of cannabis products have increased in the United States. The expanded use of recreational and medicinal cannabis products increases the importance of implementing sensitive and selective instrumental methods in toxicological laboratories, as legal implications may arise in forensic cases, such as driving under the influence of drugs (DUID). The purpose of this study was to perform a cross-validation for the quantitative analysis of cannabinoids (Δ9-tetrahydrocannabinol, cannabidiol, cannabinol, 11-hydroxy-Δ9-tetrahydrocannabinol, and 11-nor-9-carboxy-Δ9-tetrahydrocannabinol) in serum by gas chromatography coupled to triple quadrupole tandem mass spectrometry (GCTQ). This method was fully …

Examining School Safety And Security: A Situational Crime Perspective, Jessica A. Barnett

Honors Theses

In recent years, an interest in focus of research addressing school safety and security has increased; however, this literature lacks a cohesive theoretical perspective for addressing solutions to school crime and violence. The purpose of this study was to perform a systematic review of the literature on school safety and security. Then, analyze this literature in light of the situational crime prevention perspective. A literature search using Web of Science yielded 45 eligible studies. Results indicated that each of the 45 articles could be organized into one of the five mechanisms of Situational Crime Prevention: increasing effort, increasing risk, removing …

College Student Perceptions Of System-Culpability In The Frequency Of Wrongful Convictions: Gauging The Importance Of Respondent Characteristics, Merideth Smith

Honors Theses

Prior literature has highlighted several factors that contribute to wrongful convictions and described the frequency in which these factors influence wrongful convictions; they include mistaken eyewitness identification, mishandling of forensic evidence, and misconduct among criminal justice professionals. The literature concerning perceptions of the influence of these factors on wrongful convictions is limited, however, by its failure to consider the impact of respondent characteristics on their perceptions. In this study, I extend this line of research by examining the influence of respondent characteristics on perceptions of the culpability of criminal justice actors, contamination of forensic evidence, and mistaken eyewitness identification in …

Gender-Differential Effects Of Perceived Discrimination On Lawyers' Job Satisfaction: A General Strain Theory Approach., Caroline Isabelle Jalain

Electronic Theses and Dissertations

The purpose of this study was to investigate the direct and indirect relationships between workplace discrimination and job satisfaction for lawyers. Using the After the JD – Wave 1 data, a national longitudinal survey of law school graduates with a sample size of 4,538, and following a general strain theory approach, structural equation models were conducted to analyze gender-differential effects of perceived discrimination on lawyer’s job satisfaction. The results indicated that men and women lawyers differ in their experience with workplace discrimination and their job satisfaction. Notably, women lawyers were found to experience more instances of workplace discrimination compared to …

Predictors Of Binge Drinking Among Military Veterans: A General Strain Theory Approach., Emily Ann Hayden

Electronic Theses and Dissertations

This dissertation is theoretically informed by General Strain Theory (GST) (Agnew 1992, 2002), and examines binge drinking within a military veteran population. It begins with an assessment on reform and focuses on shaping knowledge around the issue of binge drinking by military veterans. The current study uses Agnew’s GST to argue for an understanding of how strain and stress can affect individuals who have served in the military and acknowledges how this strain can lead to negative coping mechanisms such as binge drinking. The latter part of the dissertation argues that understanding Agnew’s GST (1992, 2002) with a military population …

Improving Indigent Defense: An Evaluation Of Program Effectiveness For The California Defense Investigators Association’S Defense Investigator Training Academy, Sheree Martinek

Master's Projects

Training is a crucial component of investigation work; however, there is a significant discrepancy regarding the training mandated and received by prosecution-oriented and defense-oriented investigators. Prosecution investigators (such as law enforcement detectives or District Attorney investigators) have considerable resources and require extensive training aside from one’s education. In respect to training, investigators who work for the prosecution are required to complete the California Peace Officer Standards and Training (POST). Completion of POST is a minimum of 664 hours of training (POST, 2020). However, there is no mandatory training program, academy, or number of cumulative training hours required for an investigator …

Discrimination Of Monozygotic Twins Using Dna Methylation Levels Of One Cpg Site At Chromosome 3, Dino O. Robinson

Student Theses

Conventional STR typing, commonly used in forensics for human identification, poses a problem in criminal cases and paternity disputes involving monozygotic (MZ) twins because they share identical DNA sequences. To date, no routine method is available in forensics to differentiate between individuals of MZ pairs. Recently, epigenetic methods measuring differential DNA methylation patterns have been applied to MZ twin differentiation. In this study, we investigated the potential to identify MZ twins using a previously identified DNA methylation site in chromosome 3, cg18562578, in a sample of 129 MZ and 37 dizygotic (DZ) twin pairs. We used bisulfite converted saliva DNA …

Discrimination Of Soil Organic Matter Using Nuclear Magnetic Resonance In Conjunction With Principal Component Analysis, Victoria G. Hsieh

Student Theses

The characterization of trace evidence is key to the field of forensic science. Trace evidence can take many forms, such as glass, fiber, and soil. Traditionally, forensic soil analysis has been painted as one of the more tedious applications, which conventionally studies the mineral composition of soil samples. In this study, we present another avenue of soil analysis that takes advantage of understudied factor of soil: soil organic matter (SOM). Using both proton (¹H NMR) and carbon nuclear magnetic resonance (¹³C NMR) separately and applying principal component analysis (PCA) to both types of spectra, we sought …

Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County, Andrew E. Dubsky

Honors Scholar Theses

This thesis dissects prosecutor discretion for appointed and elected prosecutors after a “catalyst” event shifts public opinion. Previous studies have shown that elected prosecutors are more likely to use discretion favoring the opinion of the public than their appointed counterparts (Bandyopadhyay 2014, Nelson 2014, and Valenti 2011). Because elected prosecutors are more likely to follow public opinion, they should also be more likely to respond to the demands of the public than their appointed counterparts. In effect, elected prosecutors are expected to be more likely to exercise discretion in their charging and prosecuting. To test this, I use the 2014 …

Students’ Perceptions Of Campus Sexual Assault Resources: An Appalachian Perspective, Rychelle Moses

Electronic Theses and Dissertations

Research relating to campus sexual assault has traditionally focused on its prevalence and factors that serve to influence risk of victimization. Less attention has been directed toward the presence and effectiveness of campus sexual assault resources. In addition, few studies have explored the role that culture and other geographical factors may play in this process. The current study seeks to address this limitation in two unique ways: (1) determining whether an Appalachian upbringing influences knowledge of and willingness to utilize campus sexual assault resources and (2) exploring its impact on adherence to common rape myths. Survey data are gathered from …

The Ability Of Vitreous Metabolite Concentration To Determine Time Of Death, Victoria Wiggins

Themis: Research Journal of Justice Studies and Forensic Science

This paper analyzes the ability of vitreous fluid to determine time of death. The high variability in current methods used to establish post-mortem interval (PMI), or the amount of time between death and post-mortem examination make it difficult to obtain an accurate estimation. The concentration of metabolites found within vitreous fluid, such as potassium (K+), hypoxanthine (Hx), and magnesium (Mg), are the most researched alternatives to traditional methods in PMI determination because of the relative isolation of vitreous within the body and its ability to withstand degradation. There is no clear consensus on which metabolite provides the most accurate data …

With Liberty And Justice For Some: How Felony Disenfranchisement Undermines American Democracy, Kiley Staufenbeil

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the damaging effects of felony disenfranchisement on American democracy. The premise of American democracy is to include citizens in government processes, thus, felony disenfranchisement is inherently anti-democratic. The first section analyzes the historical timeline of the origins and prominence of felony disenfranchisement dating back to Ancient Greece. The paper considers the legal standing of felony disenfranchisement by examining relevant court cases, such as Richardson v. Ramirez (1974). Following this, a case study of the states that practice distinct levels of felony disenfranchisement, ranging from the most punitive states to the most permissive, is presented. The paper then …

Public Perceptions Of Police Militarization: A Nuanced Understanding Of Public Support For Police Practices, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, there has been heavily publicized incidents of police use of military weapons and tactics, which has raised concerns regarding the militarization of police. More famously, in 2014, Ferguson police utilized military weapons and tactics to quell the masses after the police shooting of Michael Brown incited protests and riots. Despite an overall decrease in incidents of police use of force and deadly shootings, individual dramatic events of police militarization paint a picture of a militarized police force. This coincides with an overall increase in military equipment transfers (e.g., weapons, vehicles) to police agencies in the United States. …

Examining Crime Reporting Behaviors In The Presence Of Body-Worn Cameras, Tanya Dudinskaya

UNLV Theses, Dissertations, Professional Papers, and Capstones

This research study was designed to gain a better understanding of the potential impacts a body-worn camera can have on a witness reporting a crime to an officer. This study uses an online survey distributed through Qualtrics and asks participants to respond with their likelihood of reporting the crime they are prompted (such as property damage, DUI, drug sale, assault, and robbery) in the presence or absence of a body-camera, and the recording of their statement. The main concept that is being examined is whether there are potential negative consequences of body-cameras such as preventing witnesses from coming forward because …

Hispanics And The War On Drugs: An Explanation For The Rise In Hispánica Imprisonment, Bryan James Haakma

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to understand racial disparities that persist throughout the criminal justice system. Since the early 1970s, the U.S. female prison population has risen at a faster rate than the male prison population (Harmon & Boppre, 2016; Morín, 2008, 2016). Overall, a plethora of research has linked the rise in imprisonment to the War on Drugs and the criminalization of drug use. This thesis examined these questions: 1) are drug crime initiatives driving the rise in Hispanic female imprisonment in comparison to Black and White females and 2) using Blalock’s (1967) theory on group threat, do …

Hot Spots Of Crime: Seasonal Patterning Of Campus Crime, Karen Zahid Armenta Rojas

Boise State University Theses and Dissertations

Provisions of the Clery Act require institutional reporting of crime on college campuses. Using the Clery Act data from Boise State University in Boise, Idaho, this study examines crime type fluctuation through seasonal patterns using a hot spot analysis. The data are mapped to identify geospatial patterns of crime through the seasons. This study investigates if certain crime types peak depending on the season and if the introduction of resident housing locations shift hot spots around campus using 2012-2018 Boise State Crime Logs. Results illustrate varying patterns of crime on campus through the seasons but general stability in the spatial …

An Investigation Of White-Collar Criminal Sentencing Disparities In Six Federal District Courts, Lauren Frances Elizabeth Galloway

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since the turn of the century, sentencing research has consistently shown that certain aspects of the social context generally condition individual-level sentencing variations. I further explore this postulation in assessing how legal changes affect courtroom decisions; and in analyzing how extra-legal offender characteristics and judicial attributes influence the likelihood and length of white-collar incarceration sentences. The study hypothesized an emergent sociotemporal trend, largely driven by implementation of white-collar sentencing legislation and a return to judicial discretion, whereby white-collar offenders sentenced in the years post-Booker would receive more lenient punishments (i.e., less likely to be incarcerated and shorter incarceration sentences) than …