Legal Studies Commons^™

Should We Disaggregate Latino Youths Based On Ancestral Group When Examining Risk Factors Of Violent And Delinquent Behavior, Elvis G. Sevilla

Theses and Dissertations

Researchers frequently aggregate Latino subgroups during statistical analyses despite findings indicating that cultural distinctions within Latino subgroups have unintended hidden impacts on analyses. This study disaggregated the Latino sample to assess if Latino youth samples differ among subgroups (i.e., Mexicans/Mexican Americans, Cubans/Cuban Americans, Puerto Ricans, Central/South Americans, and other Latinos) who self-reported violent and nonviolent delinquent behavior. Also, this study used Sampson and Laub’s age-graded theory to investigate life-course characteristics that predicted violent and nonviolent delinquent behaviors. A two-step approach analysis determined the differences in violent and delinquent behaviors among Latino subgroups and then which life-course risk factors predicted the …

Examining Digital Hostility Against Black Women: A Thematic Analysis Of The Black Manosphere On Twitter, Nekea Sanders

Theses and Dissertations

The Manosphere is a collective of powerfully influential men who create and control harmful narratives about women online. Individuals within the Manosphere are disseminating their beliefs and garnering support through various online platforms, including social media. This research study sheds light on the Black Manosphere, a group within the Manosphere that has gone under the radar, despite the detrimental and toxic content they publish online about Black women. This qualitative research study examined the hostile rhetoric published by the Black Manosphere on Twitter (now X) about Black women. The research questions guiding this qualitative examination were: (1) What types and …

Using The Microbiome To Assess The Health Status Of The Individuals Recovered From The East Marshall Street Well, Arian Karim

Master of Science in Forensic Science Directed Research Projects

In 1994, during the construction of the Kontos Building on the Medical College of Virginia Campus, a well on East Marshall Street was discovered to contain artifacts and human remains of African descent. Upon archaeological analysis by the Smithsonian, the ancestral remains can be dated back to the mid-19th century, when grave robbing and the use of cadavers for anatomical purposes [BS1] in medical schools were common. The human oral microbiome is the second largest human microbiota, containing over 600 species of organisms. Dysbiosis of the oral microbiome can lead to the overgrowth of pathogenic species, resulting in illness and …

Quantitation And Visualization Of Epithelial Cells On Cartridge Cases, Paige Kibler, Christopher Ehrhardt, Katherine M. Philpott, Jody H. West, Stephanie Walcott

Master of Science in Forensic Science Directed Research Projects

Fired cartridge cases are a common type of evidence submitted to forensic DNA profiling but are challenging to analyze because they usually contain only trace amounts of biological material. As such, there is a significant need in caseworking units for new screening techniques to determine if biological material is present and is in high enough quantity to attempt DNA profiling. The goal of this study was to test a new method for quickly visualizing biological material on cartridge cases. Biological deposits were created by handling fired and unfired cartridge cases through a series of conditions. The biological material was collected …

The Evaluation Of Semen Extraction Efficiency And Recovery From Reusable Menstrual Underwear, Caitlyn Spencer

Master of Science in Forensic Science Directed Research Projects

A new type of undergarment and feminine product is being submitted to crime laboratories as evidence for sexual assaults: menstrual underwear is underwear that have absorbency and leak-proof abilities and can be washed and re-worn multiple times. The goal of this research was to determine if semen and sufficient DNA could be recovered from reusable menstrual underwear and used to obtain quality DNA profiles. Three menstrual underwear brands of Hanes, Knix, and Thinx were evaluated. Simulated post-coital samples were deposited onto three pairs of each brand of underwear. One pair of each brand was analyzed unwashed, another set was washed …

The Determination Of Ethanol And Phosphatidylethanol (Peth) In Donated Packed Red Blood Cells, Jordan E. Keller

Master of Science in Forensic Science Directed Research Projects

This research investigates the safety and reliability of blood donations by examining the presence of ethanol and phosphatidylethanol (PEth) in packed red blood cells (pRBCs). As blood donation is integral to healthcare, ensuring the safety of blood products is paramount. Current protocols focus on screening for infectious diseases, such as hepatitis C and human immunodeficiency virus (HIV), but do not routinely asses alcohol consumption, which can significantly impact patient outcomes. As a direct indicator of alcohol consumption, ethanol can affect blood quality, interfere with medical treatments, and present legal issues, such as false conclusions or assumptions. Ethanol detection methods include …

Evaluating Pre-Trial Programs Using Interpretable Machine Learning Matching Algorithms For Causal Inference, Travis Seale-Carlisle, Saksham Jain, Courtney Lee, Caroline Levenson, Swathi Ramprasad, Brandon Garrett, Sudeepa Roy, Cynthia Rudin, Alexander Volfovsky

Faculty Scholarship

After a person is arrested and charged with a crime, they may be released on bail and required to participate in a community supervision program while awaiting trial. These ‘pretrial programs’ are common throughout the United States, but very little research has demonstrated their effectiveness. Researchers have emphasized the need for more rigorous program evaluation methods, which we introduce in this article. We describe a program evaluation pipeline that uses recent interpretable machine learning techniques for observational causal inference, and demonstrate these techniques in a study of a pre-trial program in Durham, North Carolina. Our findings show no evidence that …

False Accuracy In Criminal Trials: The Limits And Costs Of Cross Examination, Lisa Kern Griffin

Faculty Scholarship

According to the popular culture of criminal trials, skillful cross-examination can reveal the whole “truth” of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration—that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an …

The Right To A Glass Box: Rethinking The Use Of Artificial Intelligence In Criminal Justice, Brandon L. Garrett, Cynthia Rudin

Faculty Scholarship

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that …

The Brady Database, Brandon L. Garrett, Adam M. Gershowitz, Jennifer Teitcher

Faculty Scholarship

The Supreme Court’s landmark ruling in Brady v. Maryland turns sixty this year. The Brady doctrine, which requires the government to disclose favorable and material evidence to the defendant, is one of the most frequently litigated criminal procedure issues. Yet, despite decades of Brady cases in federal and state courts, we still know relatively little about how Brady claims are litigated, adjudicated, and what such claims can tell us about the criminal justice system writ large. Scholars are in the dark about how often Brady violations occur, whether it is primarily the fault of prosecutors or the police, whether violations …

Compensating Exonerees In The United States, Brandon L. Garrett, Luke Mears

Faculty Scholarship

No abstract provided.

Liberty, Safety, And Misdemeanor Bail, Brandon L. Garrett, Sandra Guerra Thompson, Dottie Carmichael, David Shi, Songman Kang

Faculty Scholarship

The highest volume of cases in the U.S. criminal system are misdemeanors, and every day, hundreds of thousands of people are detained pretrial in such low-level cases. In policy and in politics, pretrial rules have swung between a focus on protecting constitutional rights and the public safety dangers posed by releasing arrestees. The Supreme Court’s ruling in United States v. Salerno sought to promote a balance between protecting individual due process rights and public safety interests. A central constitutional and pressing policy question is what trade-off exists between pretrial liberty and reoffending. The highest profile jurisdiction to examine that question …

Judging Firearms Evidence, Brandon L. Garrett, Eric Tucker, Nicholas Scurich

Faculty Scholarship

Firearms violence results in hundreds of thousands of criminal investigations each year. To try to identify a culprit, firearms examiners seek to link fired shell casings or bullets from crime scene evidence to a particular firearm. The underlying assumption is that firearms impart unique marks on bullets and cartridge cases, and that trained examiners can identify these marks to determine which were fired by the same gun. For over a hundred years, firearms examiners have testified that they can conclusively identify the source of a bullet or cartridge case. In recent years, however, research scientists have called into question the …

Open Access And U. S. Federal Information Policy, Eric Harbeson

Copyright, Fair Use, Scholarly Communication, etc.

Federal agencies are directed, as a matter of United States Federal policy, to provide free, immediate public access to peer-reviewed scholarly publications that are produced with support from Federal research grant funding. Because copyright vests in the author of the work, agencies must have permission from the author in order to provide that access. A government-wide regulation, in place since 1976, constitutes one possible source for the needed permission. The “Federal Purpose License” provides that, as a condition of Federal funding, grant recipients issue the granting agency a non-exclusive license to use all works subject to copyright and either developed …

Jury Decision-Making: Do Racial Attitudes And Victim And Offender Race Make A Difference?, Charlotte A. Kettyle, Ellen S. Cohn

Honors Theses and Capstones

No abstract provided.

Applying Social Bond Theory To Foster Care Instability And Justice System Contact, Therin P. Foley

Honors College Theses

While placing a child in foster care is often in an effort to protect them and their future, it does not always fully succeed. Placement in foster care has been found to be highly unstable. Additionally, it has been linked to an increase in individuals’ likelihood to engage in delinquent and criminal behavior. This thesis looks at the possibility that these two aspects may be related through Hirschi’s (1969) Social Bond theory. It examines available data from ten different states in order to explore this idea. The results of this investigation show that the instability of the foster care system …

Independence Through Judicialization: The Politics Surrounding Administrative Adjudicators 1929-1949, Lawrence J. Liu

Scholarship@WashULaw

One front in today’s battle to define the scope of the administrative state concerns the authority, status, and future of its 10,000-plus administrative adjudicators. Decisions by federal courts and the executive branch to increase the dependence of administrative adjudicators on the executive have sparked strong reactions from observers, with many advocating for measures to increase adjudicator “independence.” But who should administrative adjudicators be independent of, which ought to be independent, and why? Calls for administrative adjudicator independence are not new. This Article draws on primary documents produced by private actors, congressional decisionmakers, and federal executive agents to present a political …

The Violence Of Numbers: A Critical Appraisal Of The Justice Capabilities Framework, Abhineet Maurya

Socio-Legal Review

Systems of indicators and international rankings have today become a new mode of evaluating social, political, and economic life. In the context of measuring the rule of law and justice delivery systems at a local as well as a global level, such indicators enable empirically grounded solutions to justice reform issues. However, scholars like Siddharth Peter de Souza argue that the existing discourse concerning the rule of law and access to justice indicators promote a specific vision of a well functioning justice system grounded in western normative considerations. de Souza, in his book Designing Indicators for a Plural Legal World …

Book Review: Rethinking Participation In Global Governance: Voice And Influence After Stakeholder Reforms In Global Finance And Health, Melissa (M.J.) Durkee

Scholarship@WashULaw

Who is entitled to contribute to rulemaking at the international or transnational levels? "Rethinking Participation in Global Governance takes an empirical tack," confronting the important and understudied—but methodologically confounding—question of how effectively to improve the representativeness of global governance. The volume’s carefully constructed qualitative studies offer a wealth of insights but few systematic or easily generalizable answers. Nevertheless, the book has much to offer, describing models and techniques to expand participation, offering examples of how various actors in the Global South were able to make use of them, then embedding this description in the push and pull of a scholarly …

The Ambivalent Logics Of Business Representation In International Organizations, Melissa (M.J.) Durkee

Scholarship@WashULaw

The United Nations and its bodies have 'opened up' to a broad range of non-state actors over the last three decades, including for-profit actors and their representatives. The shift is reflected in the UN's sustainable development goals and the Global Compact, emphasizing public-private partnerships; in greater participation of corporations at treaty conferences; in trade group roles as observers at organizations; and in multi-stakeholder projects. Yet international organizations have generally not developed robust responses to legitimacy concerns about businesses becoming closely involved in lawmaking and governance projects. These concerns focus on interest group capture, entrenchment of western economic elites, creeping privatization, …

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Scholarship@WashULaw

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

Do Patents Drive Investment In Software?, James Hicks

Scholarship@WashULaw

In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …

Profit, Mission, And Protest At Work, Marion Crain

Scholarship@WashULaw

The classic understanding of capitalism maintains that the social responsibility of business is to increase its profits. But in the last decade, many firms have announced commitments to various social justice issues, folding them into corporate mission statements, codes of corporate social responsibility, and branding. Firms engaging in so-called “woke capitalism” signal their virtuous support for progressive social causes favored by both their consumer base and their idealistic young workers. This has become particularly important in a tight labor market: by targeting workers’ values, savvy firms increase recruiting yields, enhance productivity, and reduce training costs as retention rates rise, while …

Exploring Police K-9 Deaths, Their Causes, And Possible Remedies, John Wise

College of Graduate Studies: Theses & Dissertations

Police K-9s face daily dangers due to their work. Data collected by the Officer Down Memorial Page from 2000-2023 on K-9 deaths (N = 405) shows that of K-9s that die in the line of duty, many fall victim to heat stroke. Research was conducted comparing heat stroke to all other causes of death. Through an exploration into the history of mankind’s use of working dogs, the unique capabilities of both dogs and K-9 specific dog breeds and applying Routine Activity Theory and Lifestyle Routine Activity Theory to police K-9s, this study’s objective is to bring awareness to, and …

The Contextual Process Of Bystander Intervention In Bias-Motivated Violent Victimization: An Experimental Approach, James Hubbell

Electronic Theses & Dissertations (2024 - present)

Hate crimes against Asian Americans and LGBT individuals have been on the rise within the U.S. in the past few years (UCR, 2024). Although these offenses tend to occur in public, numerous stories in the media highlight that few bystanders choose to intervene. To unveil why bystanders choose not to intervene, this dissertation explored the extent to which 1,001 U.S. adults engaged with the five-step situational model for bystander intervention proposed by Latané and Darley (1970). Respondents were recruited through Qualtrics and randomly assigned to a hate scenario involving one of six victims: an Asian American man, an Asian American …

Mainstream Media Portrayal Of Banishment And Nation-Imposed Punishment, Keely Ormond

Theses and Dissertations (Comprehensive)

“In a traditional village, we wouldn’t have a teepee with no door on it and throw somebody in there. We wouldn’t cast them out, because banishment meant death. What we had to do was restore relationships” – Ryan Beardy (Thorpe, 2022).

The following project examines the representation of Indigenous traditions, customs, and issues in Canadian mainstream media. Specifically, this project is interested in the portrayal of banishment as an Indigenous practice in Canadian mainstream news outlets. This project is based on an interpretive paradigm informed by grounded theory and concepts of media framing, postcolonialism, settler colonialism and restorative justice. Nineteen …

Recidivism Outcomes For Young People Who Have Committed A Sexual Offence And Received Treatment: A Systematic Narrative Review Of Studies Conducted In Australia And New Zealand, James L. Finney, Natalie Gately, Suzanne Rock

Research outputs 2022 to 2026

Young people who have committed a sexual offence present unique and serious challenges to the criminal justice systems of Australia and New Zealand. To understand the current state of existing literature, we systematically collated and critically appraised studies using narrative synthesis, examining the recidivism outcomes of young people who have committed a sexual offence and received treatment. Eight studies were identified utilising a sample of 1528 young people. Recidivism was higher among participants who did not complete treatment, compared to those who completed treatment, but highest in those who commenced but subsequently “dropped out”. Our findings highlight a need for …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

Graduate Theses/Dissertations

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …