Legal Studies Commons^™

Boundaries Of Autonomy: Exploring Parallels Between Mental Hospitals And Prisons In The United States, Benjamin J. Boldt

The Agora

Within the United States, a prevailing perception emerges that mental health facilities and prisons are unfavorably similar. This societal sentiment is quite concerning if true, as the prison system is known for its many societal failures within the U.S. Furthermore, mental hospitals aim to help individuals; thus, a comparison to a faulty system highlights a possible issue worthy of exploration. Unfortunately, little analysis exists, within academic research, comparing both institutions. The following comparative analysis looks at available research between mental hospitals and prisons to validate this issue and explore implications. Findings indicate a shared pattern between mental hospitals and prisons …

The U.S.: The Land Of Modern Day Slavery, Devon Harrison

The Agora

This article was originally assigned as a final, where the author was tasked with addressing the question, "*If you could change an amendment of the U.S. Constitution, which one would you and why?*". The author opted for an educational approach to maintain objectivity while constructing a philosophical argument. To develop this piece, the author references a multitude of mediums -- including documents (the 'U.S. Constitution'), a U.S. Supreme Court case ('*U.S. v. Reynolds (1914)*'), a documentary ('*The World's Most Luxurious Prison*' 2020), a couple of mini-documentaries ('*This Is What People Really Make In Prison Jobs*' 2023 & Insider News 2020 …

Recidivism In South Dakota, Allison L. Young

Honors Thesis

The South Dakota Criminal Justice System suffers from a high recidivism rate across the state. There are few resocialization methods used within state facilities, and the existing ones have not adequately addressed what is causing the high rate. People who are either incarcerated or were formerly incarcerated have a myriad of systematic barriers that prevent them from finding a stable footing before and after release. This literature analysis aims to compare existing resocialization methods among various countries and states to South Dakota’s techniques to identify which would be most successful for the state. Using a grounded-theory structure for the analysis …

Evaluating De-Escalation Training At The National And Regional Levels: A Mixed Methods Analysis Of Officer Perceptions And Use Of Force, Samantha A. Tosto

Doctoral Works at the University of New Haven

High profile incidents of police misconduct and excessive use of force, particularly in cases of racialized violence against unarmed Black men, have led to a sociopolitical reckoning with the American criminal justice system. Following several of these incidents in the past decade, scholars, policymakers, and the public all have called for significant reform and the prioritization of de-escalation skills for law enforcement officers during citizen interactions. Despite these efforts, little empirical evidence has been established regarding the effectiveness and generalizability of de-escalation training programs. The current research represents a mixed-methods evaluation of the National De-escalation Training Center’s program at both …

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …

Criminal Justice Update - May 2024, Sophia Dotterweich

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

A Comprehensive Examination Of The Post-Conviction Risk Assessment (Pcra) And Risk Prediction Index (Rpi) For General Risk Factors, Criminogenic Outcomes, And Risk-Specific Populations, Logan J. Distasio

Master's Theses

The use of risk assessment instruments has become an increasingly pertinent issue in the realm of reentry. Though sometimes controversial, risk assessment tools provide local, state, and federal governments with actuarial techniques focused on providing unbiased and accurate risk assessments for individuals returning to the community. The present study was focused on the further evaluation of two risk assessment instruments utilized by the Administrative Office of the United States Courts (AOUSC)—the Post-Conviction Risk Assessment (PCRA) and the Risk Prediction Index (RPI). A mixed-methods approach was taken in order to investigate the associations between these tools, general risk factors, criminogenic outcomes, …

Recovery Of Nuclear Dna From Skeletal Remains Decomposed In Freshwater, Zoe L. Sikon

Master's Theses

This research compared freshwater and dry decomposition environments and their impact on DNA recovery from Sus scrofa domesticus(domestic pig) femora over a 3-month period. Prior to decomposition, initial cuttings were taken from "fresh" bone samples. Cuttings were then collected at 3-week intervals from waterlogged and dry bone samples. All samples were extracted using the vendor recommended protocol for the Applied Biosystems PrepFiler BTA extraction kit and an updated version of the same protocol, that substitutes Proteinase K with additional Dithiothreitol (DTT) (Thermo Fisher Scientific, 2012.). DNA quantitation was performed using pig-specific custom primer sets, with the QuantStudio 5 Real-Time …

Unmasking Justice: Racial Disparity Trends In Sentencing Before And After The Covid-19 Pandemic, Noah Samuel Reynolds

All Theses

The advent of the COVID-19 pandemic profoundly impacted every facet of the United States justice system, disrupting traditional systems and introducing a new era of virtual alternatives. This unprecedented crisis provides a unique opportunity to empirically study the interplay between health risks, shutdowns, and uncertainty and the foundational value of fair and impartial justice. Using North Carolina sentencing data from 2016-2022, this study delves into the consequences of the pandemic on sentencing outcomes after the virus was declared a national emergency in March 2020. Framed within the Focal Concerns (FC) theory, I expect judges to be more lenient in their …

The Application Of Particle-Correlated Raman Spectroscopic Analysis Of Soils To Mock Casework Scenarios, Sam Gong

Master's Theses

Soil is a continuous material, reaching across geological bodies, and is distinctly variable and differentiable based on aspects such as geographic location, seasonal factors, and human interference. In combination with its highly transferable nature, the complexity of soil makes it valuable material for forensic trace evidence and object-to-scene association. The development of forensic soil analysis is currently focused on mineralogy. Raman spectroscopy is a chemical technique that has previously been studied for mineralogy uses. Additionally, Raman spectroscopy has been researched for use in other fields of forensic science as well. As such, it is possible to use Raman spectroscopy for …

Dazed & Confused... And... Psychotic?, Judy Ann Clausen, Joanmarie I. Davoli, Benjamin W. Lacy Md

UF Law Faculty Publications

This Article examines marijuana’s impact on developing brains. Secondly, this Article explores the Green Rush – the rise of the multibillion-dollar marijuana industry and the media and legal environment that unleashed massive marijuana commercialization. The Article compares decriminalization with commercialization, illustrating that it is possible to address social justice concerns of arrests, incarceration, and criminal records for marijuana use without unleashing a multibillion-dollar industry that markets to youth. The Article concludes by exploring approaches from Australia, the United Kingdom, and Sweden, all of which continue to criminalize marijuana, in part because they have observed the U.S. Green Rush and its …

Emergence: Social Movements, Law Enforcement, And Defending The Sanctity Of Life, Diana Elizabeth Aroche

Doctoral Dissertations

This study examines the aftermath of national social movements advocating for police reforms and accountability, with San Francisco emerging as a pivotal city at the forefront of criminal justice and policing transformations. Rebuilding community trust and implementing substantive police reforms aimed at preserving lives has proven to be a formidable challenge. The convergence of interests among all stakeholders, driven by a shared commitment to dismantling institutional racism and implementing reforms that fostered trust with communities of color and law enforcement, played a pivotal role.

A significant aspect of this reform process has been the development of social movement convergence, where …

Seeking Sanctuary: An Analysis Of U Visa Policies In Omaha, Nebraska And Their Impact On Immigrant Communities, Emma Ehmke

Theses/Capstones/Creative Projects

Since 2000, immigrants have been eligible for U visa status if they are a victim of a particular crime and assist law enforcement in criminal investigations. However, challenges arise for numerous reasons with the I-918 Supplement B form, which must be signed by an agency certifier within law enforcement or an attorney’s office. This study examines the policies of six law enforcement agencies and attorney’s offices in the Omaha Metro Area through semi-structured interviews to understand their approach to U visas and the characteristics of successful applications. The study aims to uncover variations in agency procedures and understandings and the …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

The Impact Of Sports Wagering On Collegiate Sports Viewership, Maddix Blackwell

University Honors College

Fan viewership was examined after the legalization of sports wagering. The methods of placing bets were analyzed as well as the in person and broadcasting viewership of NCAA competitions. Fan broadcast and in person viewership has increased since the legalization of sports wagering. The world of sports betting has adapted to new technology to better enhance the user's accessibility. Mobile apps have become the preferred method of sports bettors, due to the capabilities and ease of access the apps provide. Broadcasting networks have played a large role in increasing the appeal of sports betting, through advertisements and deals being offered. …

Effects Of Ethanol On Gaba Transaminase, Mary Corrigan

Master's Theses

Ethanol is the primary active ingredient in alcoholic beverages, and functions in the body as a central nervous system (CNS) depressant. The overt effects ethanol has on the body, e.g. diminished cognitive ability, loss of motor control, slurred speech, impaired balance, etc., are well documented. While the behavioral consequences of consumption are well understood, how ethanol actually functions on a mechanistic level to elicit those effects has yet to be satisfactorily elucidated.

The structural homology between ethanol and the C3 and C4 carbons of gamma-hydroxybutyric acid (GABA), the major inhibitory neurotransmitter in the mature CNS, has led us to hypothesize …

Social Undermining Among Police Officers In The United States., Weston B. Anderson

Electronic Theses and Dissertations

Policing is a large and critical part of the American criminal justice system. Although a focal study group for research, little is known of how social undermining impacts police officers and organizations. Social undermining can cause a variety of negative consequences, including lower job satisfaction, reduction in work-related outcomes, and mental and physical health problems (Duffy et al., 2002; Hershcovis & Barling, 2010; Sabeen & Arshad, 2019). To date, no study has examined social undermining in police officers within the United States. This qualitative research examined social undermining among police officers. Using a blend of inductive and deductive thematic analysis, …

Building Capacity And Agency In Emergency Shelters In Paterson, Nj, Fanny Lauby

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper outlines a consistent issue with Paterson City’s communication across departments, resulting in a lack of accessible data at multiple levels and a reduced knowledge among social workers and program coordinators. These citywide issues have contributed to a culture of confusion. The city of Paterson is improperly pursuing the Department of Housing and Urban Development (HUD)’s “Housing First” approach, resulting in a relative lack of housing programs - constituting a matter of long-term concern for the city.

Addressing Youth Cannabis Poisonings In Paterson, Nj, Fanny Lauby

Department of Political Science and Law Faculty Scholarship and Creative Works

This report has found that various local stores within the city of Paterson have been packaging and displaying cannabis items in a similar fashion to candies popular with children, thus leading to instances of children purchasing these items and consuming them. This highlights issues surrounding enforcement of various New Jersey statutes regulating the distribution of cannabis items to those under the age of 21. This negligence at the hands of store owners has helped contribute to the increase of cannabis poisonings due to being so easily accessible by children. The increased normalization of cannabis uses with its legalization and the …

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Program: Senior Projects (Public)

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Resource Scarcity Caused By Environmental Changes: Driving Factor In Terrorism Attacks In Afghanistan, Pakistan, Syria, Amaris Bustamante

Open Access Theses & Dissertations

Climate change, resource scarcity, and terrorist attacks are ever-growing crises that disproportionately impact different states. They are crises that can impact the stability and resilience of humanity in the following decades if they are not addressed and mitigated. This study addresses the impact of resource scarcity caused by climate change that can then serve as a driving force in terrorist attacks in climate-sensitive and conflict-prone states. The objective of this mixed-methods study is to identify the correlation between climate changes that lead to resource scarcity such as rainfall and surface temperatures with terrorist attacks when taking into consideration other demographic, …

Race, Severe Mental Illness, And Crime: An Intersectional Look Into Stigma And Policy Implications, Elena Therese Vaudreuil

Open Access Theses & Dissertations

Criminal behavior has been a long-discussed topic in the United States and often is tied to characteristics such as race and mental illness. The presumed connection between criminal behavior and being a member of a racial minority group or having a mental illness have been researched for years, however few researchers have sought to take an intersectional approach to investigate the unique experiences of people belonging to both groups in the criminal legal system. Using the lenses of attribution and intersectionality theories, the proposed studies sought to understand the effect of race that influences policy support of justice-involved people with …

Determination Of Common Drugs Of Abuse And Metabolites In Oral Fluid: Comparison Of Different Extraction Procedures, Melissa Koffer

Student Theses

Oral fluid has been gaining importance in forensic and clinical toxicology for many different drug testing scenarios. Oral fluid is composed of saliva, along with gingival fluid, bacteria, and food residues. Drug testing using oral fluid has many advantages over other matrices (blood, urine) such as the non-invasive collection, reduced risk of tampering, and shorter detection windows which show recent drug use. The purpose of this study was to develop an analytical method for the determination of 19 drugs of abuse and metabolites in oral fluid by liquid chromatography tandem mass spectrometry (LC-MS/MS) and compare three different extraction methods: liquid-liquid …

The Detection Of Blood And The Recovery Of Dna From Heat-Damaged Surfaces, Teresa A. Distefano

Master's Theses

When investigating a scene exposed to high temperatures and long burn times, investigators should consider that recoverable blood could be linked to a source and give important profile information after DNA analysis. By locating blood with presumptive and confirmatory reagents, even after exposure to damaging conditions, investigators can attempt not only to confirm that blood was present but also to determine the DNA profile of the blood. Experimenting with the different burn times and temperatures in which blood is still detectable can be followed with DNA analysis, which will show whether the blood is viable after exposure to these damaging …

Beyond The Screen: Understanding College Students’ Perspectives On Cyberstalking, Gabrielle Jackson

Electronic Theses and Dissertations

Previous research regarding the victimization of college students is primarily geared toward physical or sexual encounters. There is a limited scope of research regarding the online victimization of college students, specifically those involved in Greek life organizations. Furthermore, there is a misinterpretation of the definition of cyberstalking among college students, as many students are unaware that they have been personally victimized (Cass, 2011). This study seeks to examine college students’ perceptions of online victimization and how they may vary. The different student impressions and the prevalence of online victimization were examined using self-reported data from students enrolled in a university …

Adults Matter Too: An Examination Of State Adult Missing Persons Policies And Procedures To Implement A Best Practices Handbook, Hunter Smith

Honors Theses

The most recent estimates put the number of active missing person records at 97,127. Over the past eight years, child active records have decreased by 2,530, while adult active records have increased by 14,696. While there is no clear explanation for this trend, a common theory is that there are multiple federal and state laws requiring the entry of missing people under the age of 2; however, very few, if any, extend to adults. Additionally, there is a lack of standardization across available policies and procedures for where these cases should be reported, the time frame for doing so, and …

Barriers To A Real Second Chance: Seeking Redemption While Set Up For Failure, Kara Forrai

UNLV Theses, Dissertations, Professional Papers, and Capstones

With the enactment of the Second Chance Act in 2008, there has been a need to better understand the effectiveness of prisoner reentry programs and the services that are provided within these programs. Since then, numerous articles have described the barriers that previously incarcerated persons encounter during reentry and how this increases the likelihood of recidivism. The goal of this current study is to understand what current barriers exist for individuals within a local reentry program and then to suggest future implementations that could reduce the impact of these barriers. To achieve this goal, qualitative research methods are employed to …

Discerning Moral Injury, Alexandra A. Merletti

UNLV Theses, Dissertations, Professional Papers, and Capstones

Moral injury is a recently developed psychological construct used to explain trauma that cannot be adequately explained by post-traumatic stress disorder (PTSD). It arises from experiences in which sufferers feel that they have violated deeply held moral beliefs and has multiple negative long term health and professional consequences for individuals affected. In order to better understand moral injury, this study seeks to understand how it is identified in individuals by others and utilizes Christie’s (2018) Ideal Victim Theory and Gray and Wegner’s (2009) Moral Typecasting Theory as a theoretical framework. Participants for this study were 374 undergraduate students at the …

How Gender Affirming Care Affects The Current Sex Estimation Standards In Forensic Anthropology: A Preliminary Study, Dakota Taylor

Department of Anthropology: Theses and Student Research

Current sex estimation standards in forensic anthropology are based on individuals whose gender matches their biological/osteological sex, also known as Cisgendered individuals. Recently, transgender individuals have started to become more common in the forensic context due to the increase in hate crimes and violence. This research builds upon past research done on how facial feminization surgery can affect both visual and metric methods, where it was found that forensic anthropologists should rely on the visual methods if they suspect someone to be transgender due to it being more accurate and being able to clearly state the scars left on the …