Legal Studies Commons^™

Critical Thinking In Law Enforcement Training Academies: A Phenomenological Study Of Officer Experiences, Billy J. Spruill

Electronic Theses and Dissertations

Recently, law enforcement officer use of force incidents resulting in death has seemingly become more prevalent. Generally, the educational requirement for a law enforcement officer is a high school diploma or general education development degree. One must question if this requirement is sufficient for a law enforcement officer to be successful in a modern world as the law enforcement training academy may be the law enforcement officer’s only postsecondary education. Critical thinking is a needed skill identified by high-stress professions such as the military, nursing, and disaster management, yet there is limited study regarding critical thinking in law enforcement. The …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review Online

Self-represented litigants (SRLs) are generally less successful in court than parties with legal representation. Some access-to-justice programs view self-representation as a skill that can be taught and will lead to more success in case outcomes, but Jona Goldschmidt pushes back against this assumption. Goldschmidt argues that even high functioning, educated, and computer savvy SRLs are at a disadvantage in the courtroom when courts strictly enforce rules and do not offer reasonable accommodations.

In this Article, Goldschmidt evaluates three cases that illustrate expert SRLs’ challenges in the courtroom, and he argues that ridged rule enforcement and failure to accommodate lead to …

Book Review: Criminalizing Atrocity: The Global Spread Of Criminal Laws Against International Crimes, Verónica Michel

Genocide Studies and Prevention: An International Journal

Book review of the book Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes by Mark S. Berlin.

Identifying The Cost Of Preventable Chronic Disease In Prison: Can Illness Prevention Of Adults In Custody Save Money?, Molly Bineham

Dissertations and Theses

This study investigates the cost of preventable health problems and ailments when compared to other costs of incarceration. The purpose of this study is to examine the impact of imprisonment on the costliest chronic illness. The health of adults in custody related to the general population and the overall fiscal cost of the deadliest chronic illness among incarcerated adults is discussed. Linear regression is used to analyze the occurrence of heart disease and diabetes among adults in custody while controlling for other factors. The results of this analysis provide insight that chronic diseases like heart disease and diabetes should be …

Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance

Qualitative Criminology (QC)

"This study employs autoethnographic analysis of the author’s experiences in a mandatory police firearms training course in the United States. I first review relevant literature on firearms training as well as autoethnographic methodology. Afterward, I present my experiences and analyze them in the context of literature on police use of force, representative bureaucracy, and accountability. Based on this account, I offer suggestions for improving the course by integrating concepts from the literature on officer decision-making, community-police relations, and group dynamics. I conclude by recommending more course time be devoted to the decision to use force, rather than simple firearm proficiency."

Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould

Qualitative Criminology (QC)

"This study examines how and why people join, participate in, and leave White supremacist terrorist (WST) groups. In-depth life history interviews and biographic timelines of former White supremacists in the United States and Canada were collected. Findings indicate that former members’ decisions to engage and desist from WST groups are greatly influenced by their experiences of emotional support—or lack thereof. Participants lacked emotional support prior to joining WST and the emotional support they received from group membership was toxic. Participants exited WST because they experienced hate exhaustion and were willing to sacrifice all or most of their emotional support to …

Why Does An Ex-Offender Reoffend?, Jacob Rybak

Symposium of Student Scholars

What leads an offender to go back to prison? This researcher has lived in the Georgia State prison system for 3.5 years. Using personal insights as well as analytics, this researcher analyzes Iowa state’s six-year data set tracking recidivism of released offenders and recommends changes to the prison system to address the analytical findings.

The Iowa recidivism data set includes the following information for all offenders: age group, type of release (parole vs different discharges), release year, original offense, and whether they recidivated. For the recidivating offenders, the data set includes the days to return to prison, the type of …

“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt

Qualitative Criminology (QC)

"The Salafi-jihadist environment, which seeks to remain closed and clandestine, is extremely hard to access. Moreover, the milieu is gender segregated and hostile towards non-Muslims, even other Muslims who are not considered “real” Muslims. Depending on the researcher’s positionality this can either further complicate or facilitate accessing the milieu. Based on methodological experiences from ethnographic fieldwork (interviews and observations) in Denmark and Sweden, this article aims to unravel how researcher positionality influences different layers of access when investigating Salafi-jihadist environments. Acknowledging that gaining access is a continuous process throughout the entire research process, we specifically explore how our positions as …

Victims Of Crime, Kellie A. Parkin

The Mid-Southern Journal of Criminal Justice

An exploratory analysis of victims of crime, their rights in the criminal justice system, and the shortcomings of resources. The first section will highlight important milestones throughout the victim rights movement in history. After analyzing the research, it is clear the United States was behind in offering these rights to victims. The paper goes on to identify the lack of uniformity and lack of resources victims must endure. Lastly, the paper will offer a common counterargument to one very important right victim’s frequently practice, that is the right to be heard.

Improving Policing: Criticisms And Supports, Hannah M. Stephens

The Mid-Southern Journal of Criminal Justice

In today's society, there are many critical factors surrounding the profession of law enforcement. In the midst of allegations such as corruption, racism, and use of force, policing has lost its favor in the eyes of the public. By taking a closer look at these issues and the various ways of correcting their problems, perhaps true policing can once again be a source of effectiveness and pride in our criminal justice system. Traditional policing holds many values that have been lost. If our justice system and the public's trust in it is to be restored, education, various approaches to crime, …

Diversity In Criminal Justice Education, Cody Salvatore

The Mid-Southern Journal of Criminal Justice

The absence of a proper understanding of diversity feeds into an already poor relationship between the criminal justice system and marginalized communities who often harbor fear and resentment towards the criminal justice system. This can be linked to the overall lack of diversity courses within criminal justice curriculums, as the absence of these courses leads to a lessened quality of education for criminal justice professionals and distrust from marginalized communities. The LGBT community exemplifies this, and its history and current relationship with the criminal justice system are presented in this study. While criminal justice education is successful in its endeavors …

Nigeria's Plight: The Causes, Crimes, And Casualties Of Boko Haram, Brandi Dunfee

The Mid-Southern Journal of Criminal Justice

This paper provides a brief history of Boko Haram including one of the group’s infamous attacks, the Nigerian government’s response to the insurgency, and whether the group has succeeded in promoting their ideals. The group has a long history of condemning Western education and encouraging an Islamic state. Since Boko Haram has been active, they have displaced thousands of Nigerians from their homes, in some cases even kidnapping them. A large kidnapping of schoolgirls from a university is one of their most notorious terrorist acts. Their motives for the kidnappings were to enforce Islam nationwide and to free their members …

Examining The Quality Of Representation By Public Defenders Compared To Private Attorneys, Brianna M. Ovalle

The Mid-Southern Journal of Criminal Justice

The overwhelming majority of federal and state defendants are indigent, meaning counsel must be obtained on behalf of them. If public defenders were not made available for these types of defendants, the defendants could not afford representation on their own. Because limited options are available for indigent defendants, public defenders are often appointed to represent them. Due to the nature of public defenders, critics question public defender credibility and the quality of representation they offer. Studies have attempted to examine this very topic, and while the majority have found no differences between public defenders and private attorneys in terms of …

Examining Cyberstalking Victimization Using Routine Activities And Lifestyle-Routine Activities Theories: A Critical Literature Review, Katie J. Nutter

The Mid-Southern Journal of Criminal Justice

Lifestyle and routine activities models are often used in criminological research to examine crime victimization. Routine activities and lifestyle-routine activities theories both propose crime occurs when there is a physical convergence of time and space between a motivated offender and a suitable target, with the absence of a capable guardian. However, crimes committed in cyberspace are without the proposed physical interaction. Due to the emergence of the Internet, stalking victimization has been rapidly occurring in the realm of cyberspace, which is a disorganized environment for crime to occur. In this critical literature review, a review of pertinent research will be …

Editors' Welcome, Cassandra B. Whyte Dr., Stephen Young

The Mid-Southern Journal of Criminal Justice

No abstract provided.

No One Is Above The Law: Public Perception Of Prosecutorial Misconduct's Influence On Wrongful Convictions, Amanda N. Pappas

Honors Theses

Wrongful convictions pose a large threat to the integrity of the United States criminal justice system. While there are many known causes of wrongful convictions, such as eyewitness misidentification, ineffective counsel, and false confessions, the most egregious cause is prosecutorial misconduct. According to the National Registry of Exonerations, prosecutorial misconduct has been found in roughly half of the exonerations listed in the registry. Prosecutors have a tremendous amount of power in the criminal justice system through determining plea deals, obtainment of evidence, disclosure of evidence to the defense, and many more. Studies have been conducted that reveal the occurrence of …

Amino Acid Composition Analysis As A Means To Differentiate Hair Samples From Individuals Of Similar Demographics And The Effect Of Hair Treatments, Trisha Brady

Honors Theses

Hair is a forensically-relevant exhibit due to its ability to be shed, torn, or transferred during a crime. Current forensic hair analysis includes microscopic hair comparison and mitochondrial or nuclear DNA analyses, each with limitations. Novel methods, such as those evaluated herein, have potential to complement conventional techniques. These include evaluating functional groups with infrared (IR) spectroscopy, elements with laser induced breakdown spectroscopy (LIBS), and amino acid ratios with gas chromatography- mass spectrometry (GC-MS). Hair from two demographically similar individuals was divided into three sample groups per individual: untreated, bleached, and dyed. Spectral differences between individuals and treatments were evaluated …

Evaluation Of The Effect Of The Humic Acid Inhibitor On Forensic Genetic Investigations Of Human Skeletal Remains, Madeline King

Honors Theses

Postmortem survival of DNA in human skeletal remains occurs due to the compact microstructure of the skeleton and its ability to provide a strong, protective physical barrier to environmental insults. On a molecular level, DNA preservation in bones/teeth involves electrostatic interactions between the negatively-charged DNA backbone and positively charged calcium residues in hydroxyapatite, the latter of which is one of the main components of bone microstructure. Despite these protections, over time endogenous DNA becomes damaged, limiting our ability to detect it and affecting its utility in making a positive identification. Hence, forensic genetic investigations of unidentified human remains (UHRs) are …

Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett

Honors Theses

Prior research has found that bias, along with other extralegal factors, leads to the sentencing disparities in the criminal justice system throughout the United States. The criminal justice system has implemented reforms to address these disparities. Furthering research on this issue, I analyze previous studies that tried to determine the effects of bias on the decisions made by judges and juries. Most importantly, the present study aimed to determine the effects of race and socioeconomic class of the defendant on the decisions on potential jurors using a vignette based survey with randomized assignment. The results suggest that the potential jurors’ …

Fighting A Losing Battle? Countering Terrorism Financing In Nigeria And Somalia, Vesna Markovic

Justice, Law, and Public Safety Studies Department Faculty Articles

In the past decade, terrorist attacks in Africa have increased in frequency and lethality. Cutting off funding to terrorist groups is one important way to reduce these attacks. This research focuses on Boko Haram in Nigeria and al-Shabaab in Somalia. A historical overview of terrorist financing and a current outlook of the methods used by both groups are followed by a review of the literature on countering the financing of terrorism (CFT). This provides a lens through which specific government responses to financing terrorism in Nigeria and Somalia are examined. The research found that although Nigeria has made strides toward …

Extraction Of Human Dna From Soil In A Simulated Clandestine Grave, Arely Joaly Parra Lopez

Honors Theses

Locard’s Exchange Principle states that “every contact leaves a trace.” The same principle applies when a perpetrator of a homicide decides to bury a victim in a clandestine grave. If a perpetrator originally buried a murder victim in haste to prevent discovery and then decided to later move the victim’s body to a remote location for disposal, decomposition fluids from the victim’s body (which contain cellular material and therefore DNA) would remain in the surrounding grave soil at the original burial site. It is possible that investigators could: 1) prove that a human body had once laid in that location …

Introducing The Principles And Practice Of Restorative Justice: Reactions From A Generalist Audience, Grace Michels

Undergraduate Theses

Legislative activity and public opinion polling, among other indicators, suggests there is growing support for change in how our justice system functions. As the country begins to look for other tools and more knowledge of different practices, a key challenge will be bridging the gap between the public’s general support for a new path moving forward and a clear picture of what that path could look like. The goal of this project was to help propel this movement toward exploring justice alternatives forward by making this knowledge accessible and persuasive. As such, this project involved the creation of a material …

A Look Into Wrongful Conviction Within The U.S. Justice System, Isabella T. Likos

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

The United States justice system has principles in place in order to prevent wrongful convictions such as the presumption of innocence and having to prove beyond a reasonable doubt. However, even with these principles in places there are times that people are wrongfully convicted. There are multiple reasons why wrongful conviction occur, including false confessions and erroneous eyewitness testimony. Wrongful conviction impacts not only the wrongfully convicted, but their family, friends, and the victims. While wrongful convictions do happen, there are steps that can be taken going forward that can help prevent them and exonerate the wrongfully convicted.

Investigating The Use Of Saligae® To Identify Expirated Blood On Various Material, Maria Bigos

Honors Theses

Expirated bloodstains and impact bloodstains have very similar physical characteristics. The main way Blood Pattern Analysts identify bloodstains in based on their physical characteristics. This can lead to difficulty distinguishing between expirated blood and impact spatter. Expirated blood can be identified through the presence of air bubbles, however these are often only present on non-porous surfaces. However, if expirated bloodstains can be identified through the presence of saliva, this can provide an alternative way to identify expirated bloodstains. This study examined if SALIgAE can be accurately used to identify the presence of saliva in blood and thus, be a way …

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …

From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia

Themis: Research Journal of Justice Studies and Forensic Science

Police officers were introduced in the American school system to provide White communities with a sense of safety. However, these police officers are not well trained to provide students with support and instead are trained to deal with situations with force. The implicit bias of police officers criminalizes and punishes Black, Indigenous, and People of Color (BIPOC) students unfairly. School shootings have continued to enforce the idea that officers are needed. However, this notion is untrue. Policing in schools builds a school-to-prison pipeline that is now, in the online schooling era, translating to the Zoom-to-prison pipeline, which reveals that BIPOC …

Valuing Mental Health In The Justice System, Anabel Lugo

Themis: Research Journal of Justice Studies and Forensic Science

Mental health is an issue that needs more recognition, especially within inmates and law enforcement. The mental health of incarcerated inmates, as well as law enforcement officials, has been overlooked and negatively impacted our criminal justice system. Ignoring mental health has helped create negative depictions and stereotypes about these communities. Law enforcement tends to ignore its mental health due to masculinity and police culture, feeding into the stigma that lingers around it. Although mental health has become a recurring topic in recent years, little has been done to help restore it within our justice system. Recently, there have been numerous …

Criminal Justice Update - May 2021, Haley B. Shultz

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure