Legal Studies Commons^™

Equal Protection Of Life, Liberty, And Labor: Habeas Corpus & The 14th Amendment, 1901–1904, Madison Mendiola

Digital Legal Research Lab

Presents and synthesizes three cases demonstrating the use of habeas corpus in the contect of the 14th Amendment to the United States Constitution between 1901 and 1904.

Research poster titled Equal Protection of Life, Liberty, and Labor Habeas Corpus & the 14th Amendment, 1901–1904, presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Advisors: Katrina Jagodinsky and William Thomas

Examining The Relationship Between Recidivism And Community Size For Previously Incarcerated Individuals, Kayla A. Harbison

All-Inclusive List of Electronic Theses and Dissertations

Within urban contexts, there has been progress in understanding recidivism through the lens of both individual criminogenic risk factors and ecological factors. However, little research has examined how these factors apply across different community sizes. The current study attempted to address this gap by examining how recidivism differs across different-sized communities at the county level, measured both dichotomously (metro, nonmetro) and across a rural-urban continuum. This study also explored the relationship between specific types of offenses and recidivism across different-sized communities. Archival data from Indiana Department of Correction (IDOC) including 13,875 individuals released from prison within a five-year period was …

Willingness To Report Sexual Victimization Through Formal And Informal Routes And The Correlation To Victim’S Race, Sexual Orientation, And Gender Identity, Tara Diltz

Master's Theses

The purpose of this study is to understand the impact, if any, that holding marginalized identities has on the willingness to report sexual victimization to law enforcement, Title IX offices, and informal support routes. This study examines the various factors that may influence one’s willingness to report sexual victimization through both formal and informal routes. Formal routes include law enforcement and Title IX, while informal routes involve the self-disclosure of victimization to families, friends, or romantic partners. This research specifically explores how racial and ethnic identities, sexual orientation, and gender identity can influence an individual's perceived willingness to report sexual …

Patterns Of The Use And Perception Of Cannabis Among College Students In Tennessee, Jayla Ruffus-Milner

Electronic Theses and Dissertations

Cannabis has been historically difficult to research due to its federal scheduling. However, as legalization of cannabis medically, recreationally, or both in states across the country has increased, so has the need to address the research gaps that persist. The purpose of this study was to explore the patterns of cannabis use and perceptions of college students in Tennessee, which encompass a demographic of mainly young adults who are typically associated with high usage patterns. The study uses quantitative data collected from an online survey sent to a university in East Tennessee to evaluate associations between students’ age, gender, race/ethnicity, …

"Huddled Masses:" The Immigration Act Of 1917 In Habeas Corpus, Chikamso Chijioke

Digital Legal Research Lab

Research poster titled "Huddled Masses:" The Immigration Act of 1917 in Habeas Corpus; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2024.

Introduction

Dr. Jagodinsky's Petitioning for Freedom is a collection of habeas corpus petitions in the American West and examines marginalized peoples’ use of habeas to challenge detention. This project explores the role of the Immigration Act of 1917 in these cases. The Immigration Act of 1917, passed due to xenophobic tensions surrounding WWI, restricted immigration of people from Asia and the Pacific while implementing an English literacy test for those over 16 …

Enhancing Ethical Competency: A Review Of Ethical Instruction For Law Enforcement, Alexis Turner

Electronic Theses and Dissertations

As public confidence in policing has dropped, demand for ethical behavior from law enforcement officers has grown, and correspondingly, a better understanding of ethics training and ethical acquisition processes has become paramount. Though much literature exists on related topics, understanding of the ethics training for law enforcement officers as it currently exists, has remained murky. This research aimed to gain a better understanding of ethics training for law enforcement in the United States, and as such, to fill the aforementioned gap in the literature. Four research questions were explored in this study including the understanding of current pre-service and in-service …

An Exploratory Study Of Flora Poaching In Central Appalachia, Mckinley Bowers

Electronic Theses and Dissertations

The purpose of this study was to explore perceptions of flora poaching among conservation officers, park rangers and botanists within Central Appalachia. Though some work has sought to understand poaching in other forms, such as animal poaching, little is known regarding the poaching of plants. This is especially true within the Appalachian Region. Several research questions were explored in this study, including the types of flora being poached, the characteristics of poachers, poaching tactics utilized, and deterrence measures that are currently in place. Data were collected through semi-structured interviews with 20 individuals working in the field. Findings contribute to the …

On Critical Geneaology, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Criminal Activities As Threats To Security In The Caribbean, Marika Dawkins-Cavazos

Criminal Justice Faculty Publications

This chapter presents an overview of the main criminal activities posing threats to security in the Caribbean region. How best to assess Caribbean security realities, the types of security threats, and the strategies employed to combat such threats in the region that are influenced by its strategic location and proximity to the United States are discussed. Information on criminal activities came from various government reports, the United Nations Office on Drugs and Crime, news reports, and articles. The overall evidence suggests that criminal activities in the region undercut the law and weaken socio-economic and political stability that subsequently threaten Caribbean …

Democracy's Ruling Hand, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process …

Review Of The Meanings Of Discipleship: Being Disciples Then And Now, Cory T. Branham

Liberty Theological Review

Discipleship is not, and has never been, one specific thing, at one specific time, or place. Rather, it has a rich, but also often unflattering, history. That history is fool of ups, downs, rights, wrongs, twists, and turns. Discipleship in the Church can be viewed in two parts; The early Church through the Nineteenth Century being Part I (8). The explosion of Discipleship teachings and tactics that began in the Twentieth Century, and continues to the present, being Part II (9). Discipleship informs some believers to engage socially and politically yet encourages many believers to stay away from those circles.

Criminal Justice Update - July 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

The Pervasiveness Of Censorship In American Prison Libraries, Brennen D. Stevens

Library Scholars Manuscripts

In the United States, prison libraries serve a vital role in the rehabilitation of prisoners. Despite this, there are ongoing measures to withhold entire genres of literature from the hands of prisoners, restricting the abilities of prison libraries to provide educational lessons using sensitive topics. These book bans can occur between the local to state levels and are difficult for prisoners to appeal. The issues that this can cause are often out of view of the public, and can only be addressed by encouraging public engagement for change. This editorial attempts to engage with a general audience by providing an …

Carrying Meaning, Bridging Worlds: Indigenous Language Localization In Western Courts, Nora K. Rivera

English Faculty Articles and Research

This work examines the localization practices of Indigenous court interpreters through prototyping and analyzing legal glossaries in eight Indigenous languages from the State of Oaxaca, Mexico. These languages are often needed in Mexican courts and immigration court hearings in the United States. Thus, examining the localization praxes of the court interpreters who use them can provide important intercultural technical and professional communication insights in global contexts. I compare the preliminary results of this ongoing study with the court interpreters' code of ethics from the State of California to demonstrate how Western court assumptions about language interpretation cause gaps between worldviews. …

The Mda Forensic Dental Team Needs More Volunteers, Patrick Houlihan Dds

The Journal of the Michigan Dental Association

The Michigan Dental Association Forensic Dental Identification Team (MDA-FDIT) urgently needs more volunteers. In this article, learn of their impressive record of service to the public and the profession, which has been widely recognized for the important role it plays in the identification of both individual victims and those of mass disasters. Formed in the early 1980s, MDA-FDIT plays a crucial role in identifying disaster victims using dental records. The team has been instrumental in identifying victims from incidents like the 1987 Northwest Flight 255 crash and has assisted in various mass-casualty situations, including 9/11 and Hurricane Katrina. MDA-FDIT works …

To What Extent Did Karl Marx's Political Thought Influence The Occupy Wall Street Movement In The 21st Century?, Madalyn A. Schroeder

The Confluence

The research will investigate the intriguing influences of Karl Marx’s political thought and the Occupy Wall Street movement that came to be in the 21st Century. The study looks to measure the depth and significance of Marx’s influence on a modern sociopolitical movement driven by economic inequality and social justice concerns. By taking a multidisciplinary approach that combines political theory, social activism analysis, and historical context, this investigation shows the extent to which Marx’s ideas informed the ideological foundation and strategies of the Occupy Wall Street movement. By looking through primary sources, protest literature, and the discourse of the movement, …

Gone Smishing: An Integration Of Decision-Making And Protection Motivation In The Context Of Identity Theft Victimization, Taylor S. Fisher

USF Tampa Graduate Theses and Dissertations

Methods of obtaining sensitive information from Internet users have evolved consistently as technology has advanced and millions of mobile device users communicate through text (SMS) messaging daily, making them a target for smishing attacks. Smishing (short for SMS phishing) is a form of cybercrime where an offender will send fraudulent text messages attempting to gather sensitive information or convince the user to click on a malicious link. These messages often appear legitimate and rely on tactics like convincing users that immediate action needs to be taken. Smishing has become so widespread that in 2020, the Texas Attorney General issued a …

An Examination Of The Impact Of Court-Appointed Fines And Fees: How Governmental Reliance On These Expenses Is Harming Vulnerable Communities, Rachel Elizabeth Couche

Dissertations and Theses

Fines and fees are commonplace in the United States criminal justice system as a form of punishment for both minor and severe offenses. While substantial research has demonstrated that these financial consequences disproportionately affect certain communities, studies that depict a narrative of these impacts are vastly underrepresented in the field. This project expands upon past literature by delving into the effects of these practices on individuals and their families. The current study outlines the findings from a content analysis of twelve semi-structured interviews on the impacts of fines and fees in Oregon. The findings create a deeper understanding of how …

Maturing Out Of Crime: A Test Of The Integrated Maturation Theory Of Desistance, Kelly E. Kortright

USF Tampa Graduate Theses and Dissertations

This dissertation partially tested a newer integrated theory, the Integrated Maturation Theory (IMT) of desistance. IMT argues that as maturation increases across five maturation domains (social role, civic, identity, psychosocial, and neurocognitive) the likelihood of offending decreases. Using a sample of serious justice-involved juveniles spanning ages 14-24 from the Pathways to Desistance Study, the individual and simultaneous maturation domain development of the social role, civic, identity, and psychosocial maturation domains, were explored for heterogeneity. Using a group-based trajectory modeling approach, including multi-trajectory modeling, this study advanced the understanding of maturation development by identifying sub-groups following declining trajectories of maturation and …

Youth Offending In Denver: The Increasing Trend And Essential Elements To Successful Intervention, Olivia Crimaldi

Undergraduate Theses, Capstones, and Recitals

Recent years have witnessed an alarming increase in youth offending across Denver, necessitating a thorough analysis of factors influencing the surge, as well as areas of improvement for current intervention methods. Juvenile delinquency is largely affected by complications associated with the transition to adulthood, such as the development of personal identity or a decrease in parental supervision. A full understanding of at-risk individuals must consider risk, promotive and protective factors, as well as the interaction between these three components. Past successful prevention and intervention methods have included relationship-building implementation, therapeutic strategies, and consistent measures of quality and accountability. Despite many …

"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf

Qualitative Criminology (QC)

"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo

Qualitative Criminology (QC)

"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …

You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso

Qualitative Criminology (QC)

"Positionality is an important consideration when carrying out research. An effective tool for understanding this process is reflexivity—a continual dialogue that explores the interplay between our identities and how data is collected, analyzed, and interpreted. These reflexive accounts have been used in various disciplines, including criminal justice and criminology. In advancing this important practice, we offer insight into our experiences studying a hard-to-reach population: gangs. Specifically, we document how our insider and outsider identities, as well as the space between facilitated access, were used strategically and informed our interpretations of data. We conclude by encouraging reflexivity within criminology broadly and …

Making Sentencing Meaningful: How Victims Find Justice In The Sentencing Process, Melissa Handford

Bridges: An Undergraduate Journal of Contemporary Connections

This article examines the role of victims in the criminal justice system, and how victims find justice through the sentencing process. It examines the role that providing a victim impact statement, receiving information about typical sentencing practices, and restorative or traditional sentencing play in how victims perceive justice in sentencing. Quantitative analyses were conducted analyzing the aforementioned variables and their relationship to participant perceptions of sentence effectiveness, anger, sentence harshness, and happiness, as well as their propensity to obedience. Qualitative analyses were conducted to better understand the reasoning behind victim perceptions and preferences in relation to restorative and traditional sentencing …

Examining The Aggregate Economic Impacts Of Criminal Record Expungement In Marion County, Indiana, Zane Callison

Lux et Fides: A Journal for Undergraduate Christian Scholars

This article investigates the individual economic effects of criminal record expungement identified in a previous article as they appear in the aggregate, particularly rates of unemployment and wages. As interest around the effects of overincarceration increases, criminal record expungement offers a possible solution to the economic woes faced by justice-involved individuals. To that end, this article examines unemployment rates and per capita personal income in Marion County, Indiana, where implementation of the state of Indiana’s criminal record expungement statute has been exceptionally effective. After an analysis, we find that criminal record expungement bears only a light or unclear causal relationship …

Barriers Experienced By First Nations Deaf People In The Justice System, Brent Elder, Karen Soldatic, Michael A. Schwartz, Jody Barney, Damien Howard, Patrick Mcgee

College of Education Departmental Research

Anecdotal evidence strongly suggests that members of the First Nations Deaf community experience more barriers when engaging with the criminal justice system than those who are not deaf. Therefore, our purpose for writing this article is to highlight legal and policy issues related to First Nations Deaf people, including perspectives of professionals working with these communities, living in Australia who have difficulty in accessing supports within the criminal justice system. In this article, we present data from semi-structured qualitative interviews focused on four key themes: (a) indefinite detention and unfit to plead, (b) a need for an intersectional approach to …

Criminal Justice Update - June 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
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure (no updates this month)
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure