Legal Studies Commons^™

Twelve Angry Men: A Twenty-First Century Reflection Of Race, Art, And Incarceration, Mackenzie A. Gross

Honors Theses

Twelve Angry Men: A Twenty-First Century Reflection of Race, Art and Incarceration is a Comparative and Digital Humanities Honors Thesis concentrating on Africana Studies, theatre, sociology and legal studies to demonstrate the importance of investing in incarcerated communities through theatre and education.

In Chapter I, I critique the loss of identity attached to incarceration, and introduce the foundation for Black bodies individuals being discriminated against in the prosecution system. I analyze the “Punishment vs Progress” mentality, and introduce current educational programs in place in prisons. I elaborate on the details of our production, as well as the makeup of actors. …

Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood

All Master's Theses

Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …

Transitioning To Legalization Of Cannabis In Washington State: Regulations’ Impacts On Commodification, Metabolism, & Labor Practices, Rob Loewen

All Master's Theses

This thesis provides an ethnographically grounded analysis of how existing regulations shape the legal recreational cannabis industry in Washington State. I examine the processes involved from seed to sale, including cultivation, processing, quality-control testing, and distribution of recreational cannabis. The goal of this research is to provide a greater understanding of how existing regulations were formed and how they shape social relations within the industry. This study seeks to answer the question: “How are the processes of production within the recreational cannabis industry, along with its labor force and its consumers, impacted by societal perceptions about cannabis, encapsulated within state …

From The Legal Literature: Why States Must Consider Innocence Claims After Guilty Pleas, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

From The Legal Literature: Covid And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Federalism And The Limits On Regulating Products Liability Law, 1977-1981., Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The political movement of the early 1980s that sought to increase manufacturer liability for defective products by converting state tort law into federal law raised core questions about federalism. The effort at wholesale federalization failed, and tort law has been (and largely remains) within the purview of the states. However, the tort federalization movement of the early 1980s, which by the end of that decade would become popularly known as" tort reform, did result in federal legislation affecting tort law in America. This article attempts to explain why tort law was never fully federalized during this period and how the …

Veracious Verdicts: An Expansion Of Cognitive-Experiential Self-Theory In Jury Decision-Making Using Attribution Theory, Jade E. Larson

Electronic Theses and Dissertations

As a pillar in our judicial system, the courts utilize almost ten million citizens each year for jury service. As a result, the courts are faced with issues of inconsistency and unpredictability. This study aims to examine some factors that significantly influence jury decision-making by investigating cognitive experiential self-theory (CEST) as a jury decision-making model, unified with attribution theory to better predict verdict outcomes. An online survey was distributed to 121 participants. The respondents were asked to read a civil trial case presentation; they were then randomly divided into two conditions (high and low unrelated detail eyewitness testimony). The testimonies …

The Influence Of Camera Perspective And Viewer Attitudes Towards Police On Perceptions Of Police-Civilian Encounters, Anna-Louise Skidmore

Theses : Honours

Research suggests there may be a Camera Perspective Bias (CPB) effect across different camera footage types which influences viewer perceptions of police use of force encounters. Police body-worn camera (BWC) footage presents a first-person perspective from the officer’s point of view which predominantly captures the civilian. It is suggested that viewing an encounter from this perspective elicits a positive bias towards the officer when compared to CCTV footage. Additionally, research also shows that attitudes towards police influence perceptions of a filmed police-civilian encounters. This research aimed to investigate the effect of different camera evidence types (i.e., CCTV, BWC without audio …

Mental Distress Calls: Should Police Be Frontline Responders?, Audrey Suwarno

Capstone Showcase

Due to an over-reliance on law enforcement, police officers have become frontline responders to individuals suffering with mental illness, despite not being properly trained to handle such situations. Many studies have addressed officers’ feelings of incompetence and lack of preparedness when faced with an individual in distress. Without proper training, police tend to resort to force against individuals in mental distress, which can escalate the situation even further. This paper serves to analyze the excessive use of force that is commonly used amongst police officers during mental distress calls, as well as its potentially dangerous and fatal outcomes for individuals …

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …

Legal Pluralism And Analytical Jurisprudence: An Inapposite Contrast, Jorge Luis Fabra-Zamora

Journal Articles

The intellectual tradition of legal pluralism characterizes itself by way of a contrast to legal centralism or monism. Self-styled pluralists typically attribute centralist and monist views to mainstream theories of law, which I call here analytical jurisprudence. This article argues that the pluralist foundational contrast with analytical jurisprudence suffers from three recurrent defects. First, the pluralist opposition to analytical jurisprudence conflates conceptual questions with empirical, doctrinal, and politico-moral inquiries. Second, pluralists misattribute to analytical jurisprudents an equation between law and state that they do not hold and have the resources to reject. Third, pluralists address the conceptual problems of legal …

The Impact Of Latent Print Processing On Firing Pin And Breechface Impressions During Firearm Examination, Brittany B. Harrington

Master of Science in Forensic Science Directed Research Projects

Latent prints can be a valuable source of forensic evidence when solving a crime. They can verify if a person was at a specific scene, identify unknown individuals to connect them to a scene, and help to corroborate eyewitness accounts. Latent prints, however, are not always visible until they have undergone enhancement or visualization techniques. When fired cartridge cases are suspected of containing latent prints, they are brought in for latent print processing before any firearm analysis is performed. As a result, these cartridges are often coated in various residues or dyes when they arrive for firearm examination. In response, …

Powerplex® Fusion 6c System Versus Powerplex® Fusion 5c: A Comparison Of Performance Metrics, Caitlin M. Mccaughan

Master of Science in Forensic Science Directed Research Projects

Following the FBI mandated expansion of the CODIS core loci from 13 to 20, several manufacturers developed short tandem repeat (STR) typing kits in response to the new criteria. One such manufacturer was the Promega Corporation, which released the PowerPlex® Fusion 5C megaplex STR typing kit (Fusion 5C) in 2012. Currently, the Virginia Department of Forensic Science (VDFS) utilizes this amplification kit for both casework and database applications. In 2015, Promega released the PowerPlex® Fusion 6C STR typing kit (Fusion 6C), which contains three additional loci beyond those included in PowerPlex® Fusion 5C, and a sixth color channel. The power …

The Efficacy Of Recovering Latent Fingerprints From Fired Cartridge Cases By Way Of Cyanoacrylate Fuming Combined With Basic Yellow Dye Staining, Lily Mantz

Master of Science in Forensic Science Directed Research Projects

This experiment attempted to tackle the long-standing struggle to consistently recover latent fingerprints from fired cartridges. With an emphasis on realistic handling of high volume of samples combined with Cyanoacrylate fuming followed by Basic Yellow dye staining, a total of 740 cartridges were examined. These included fired and unfired brass and nickel case 9mm Luger and 40 S&W cartridges. The cartridges were divided into five different groups; each were treated differently prior to cyanoacrylate fuming and dye staining, which was conducted in the same manner for the groups. The groups included the positive and negative controls, loaded, cycled, and fired. …

Differentiation Between Peripheral Blood And Menstrual Blood Using Mirna Markers, Anaya Valentine

Master of Science in Forensic Science Directed Research Projects

Abstract

In forensic investigations, body fluids can provide crucial information and is helpful for corroborating the circumstance of the case. For cases of sexual assaults or homicides, being able to differentiate if the blood is peripheral blood or menstrual blood is important. Peripheral blood can be indicative of a traumatic event, while menstrual blood is of a natural cause. Currently, serology based methods are used for body fluid identification, however, their lack of sensitivity and specificity remains an issue. MicroRNAs (miRNAs) are a class of non-protein coding nucleic acids that are able to be co-extracted with DNA, and their small …

Evaluation Of Dna Extraction Efficiencies Of Promega’S Dna Iq™ Methods And Casework Extraction Kit For Low Template Samples, Emily M. Anderson

Master of Science in Forensic Science Directed Research Projects

Biological evidence from crime scene samples frequently contain low levels of DNA, such as the most predominant form of evidence, which is DNA deposited by handling objects or “touch evidence”. To maximize the DNA yield recovered from theses challenging samples, forensic laboratories must optimize the extraction methods utilized to isolate and purify DNA for downstream short tandem repeat (STR) amplifications. Currently, the Virginia Department of Forensic Science (VADFS) uses a DNA IQ™ System (DNA IQ) extraction method for isolation of DNA from most forensic samples. This extraction procedure, which combines DNA IQ™ lysis buffer and Dithiothreitol (DTT), has been validated …

Testing The Efficacy Of Surface Swab Sampling To Determine Post-Mortem Submersion Interval (Pmsi), Using The Microbiome Colonization Of Skeletal Remains Submerged In A Lotic Environment, Sarah Rose

Master of Science in Forensic Science Directed Research Projects

Estimating the post-mortem submersion interval (PMSI) can provide a valuable forensic tool for medicolegal death investigations involving victims discovered in aquatic environments. Previous studies conducted by Cartozzo et al. (2021) successfully demonstrated the use of microbial succession to create predictive models for the estimation of PMSI from submerged bone. Though effective, bone sampling requires time consuming processing techniques that result in destruction of decedent tissue. This study investigates the use of bone surface swabbing as an effective alternative method to bone sampling, with the goal of predicting PMSI using a simpler, non-invasive sampling technique. Porcine (Sus scrofa) skeletal remains (rib …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Monitoring The Misdemeanor Bail Reform Consent Decree In Harris County, Texas, Brandon L. Garrett, Sandra Guerra Thompson

Faculty Scholarship

No abstract provided.

Of Protest And Property: An Essay In Pursuit Of Justice For Breonna Taylor, H. Timothy Lovelace Jr.

Faculty Scholarship

In March 2020, Louisville police officers fatally shot Breanna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting.

Activists protested in Louisville after Taylor's killing, and when Cameron's investigation appeared stalled, these activists even conducted a sit-in on Cameron's front lawn. They demanded immediate justice for Taylor. Cameron sharply responded, lecturing the activists on how to achieve justice. He contended that neither trespassing on private property nor escalation in tactics could advance the cause of justice. …

Systemic, Racial Justice-Informed Solutions To Shift "Care" From The Criminal Legal System To The Mental Health Care System, Sarah Vinson, Andrea L. Dennis

Scholarly Works

The current configuration and function of U.S. societal structures drives the overrepresentation of people with serious mental illness in the criminal legal system. Although the causes are multifactorial, the mental health system poorly serves those at highest risk of criminal legal system involvement. The growth of the mental health evidence base regarding the social determinants of mental health has ushered in greater understanding of their central role in the promotion and maintenance of mental illness and health. These academic strides, however, have failed to translate into widespread care and payment policy changes. Additionally, as is the case in the criminal …

Covid-19 Student Mental Health Check, Dianna Blankenship, Irma S. Jones

Criminal Justice Faculty Publications

The COVID-19 pandemic has produced many changes in the lives of our students and families. In this article, the responses of students in criminal justice classes at a Hispanic serving institution in south Texas were collected and synthesized. The 252 responses were divided into seven frequently observed and repeated themes: jobs and job related, school and courses, graduation, routine, family, positivity, and groceries/shopping. Findings for this time period matched what much of what the national and international news and reports have all reported. It indicates that, as teaching professionals, we must be mindful to provide the added support to assist …

The American K-12 School Violence Incident: A Brief Study, Gordon A. Crews, Garrison A. Crews

Criminal Justice Faculty Publications

The authors give an overview of a research project that examined in detail 106 characteristics of 78 school violence incidents that occurred in the United States between 1979 and 2011. The result is an extensive overview of the location, date, and time of school violence incidents; the school environment in which violence occurred; the school violence incident itself; the characteristics of the perpetrators involved; characteristics of weapons used; and injuries incurred. The authors pose to the reader six major findings of the characteristics of K-12 school violence incidents in the United States which they argue must be considered as we …

"We The People": Self-Governance And The Evolving Treatment Of Freedom Of Assembly In The United States, Josephine Savaria-Watson

CMC Senior Theses

This thesis looks to ground the importance of a vigorous right to assemble in the history of the United States. I argue that given the events of the last year, the current Supreme Court doctrine that limits assembly and association to expressive purposes is too restrictive and fundamentally misunderstands group rights. Instead, I argue that the Supreme Court must reinvigorate the right to assemble in order to protect democratic governance.

I begin with the history of assembly in the United States in Chapter II, which demonstrates how assemblies have been utilized by minority groups as a means to exercise political …

Restorative Justice And The Impact Of Community Engagement, Tanya Moss

Department of Conflict Resolution Studies Theses and Dissertations

Restorative justice provides an innovative approach for addressing misdemeanor juvenile offenses. Diversion programs such as the Ribault Neighborhood Accountability Board utilizes community volunteers to guide juvenile offenders through the restorative justice process. There is however a lack of current research on the engagement of youth offenders and community volunteers that elucidates the relational dynamics between these two groups. This qualitative study uses Interpretative Phenomenological Analysis to address this research deficit by exploring the lived experiences of 12 youth offenders and their engagement with community volunteers, focusing on the following research questions: 1) how do youth offenders make meaning of their …

Development Of A Gas Chromatography-Mass Spectrometry (Gc/Ms) Method For The Quantification Of Vitamin E And Vitamin E Acetate In Electronic Cigarettes, Matthew Adreance

Master of Science in Forensic Science Directed Research Projects

Electronic cigarettes (e-cigs) are a medium of facilitating drug use that is gaining notoriety in the public eyes. E-cigs were originally designed to be “safer” alternatives to traditional cigarettes, providing the same or similar nicotine dosage without the other side compounds found in tobacco and traditional cigarettes. Typical e-cigs use e-liquids composed of propylene glycol (PG) and/or vegetable glycerin (VG) bases, various flavoring agents, and varying concentrations of nicotine depending on manufacturer or use. With the advent of the growing legalization of cannabis and CBD/THC products in many states and jurisdictions, e-cigs have become a popular medium to ingest these …

Comparison Of The Bacterial Community Structure Of Bone Swabs To Ground Bone Recovered From Waterlogged Skeletal Remains From A Lentic Environment For Postmortem Submersion Interval (Pmsi) Estimation, Hannah Johnson

Master of Science in Forensic Science Directed Research Projects

Postmortem submersion interval (PMSI) is an essential factor when recovering bodies from aquatic environments. Although several studies exist on postmortem interval (PMI) estimation of mammalian cadavers in terrestrial systems, the same is not true for the aquatic systems. Cartozzo et al. (11) developed PMSI prediction models using bacterial succession data associated with waterlogged skeletal remains. This study is a continuation of the Cartozzo et al. (11) study, but the aim of this study is to compare the bacterial DNA (16S rDNA) community found on the surface of swabs recovered from waterlogged bones to the bacterial DNA obtained from ground bone …

Evaluation Of Cell Lysis Techniques For Direct Amplification Of Sexual Assault Samples, Sarah Schellhammer

Master of Science in Forensic Science Directed Research Projects

Sexual assault is one of the most common crimes committed today with a delay in sample processing, resulting in the “rape kit backlog”. The traditional method to extract DNA from these samples containing both male and female DNA is a differential extraction; taking hours to process. This study examined a variety of different cell lysis techniques to develop a method which can consistently generate high-quality profiles at a fast rate and with low volumes when compared to the currently used method in our laboratory.

Six lysis methods, in addition to the currently used forensicGEM™ Sperm kit, were performed on …