Legal Studies Commons^™

Criminal Justice Update - December 2021, Patrick Mahoney

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

Obstacles To The Implementation Of Criminal Justice Reform, Matt Allen

Dissertations

Mass incarceration or overincarceration has gained significant attention over the last two decades, and criminal justice reform seeks to address it. This study uses constructivist grounded theory to examine the implementation of criminal justice reform legislation in Mississippi. Mississippi was chosen as the study setting because the state has been recognized as a national leader in enacting reform legislation and it has one of the nation’s highest incarceration rates. It is well established that policy implementation affects outcomes. Therefore, if the policies Mississippi is implementing are effective and they are implemented correctly, it stands to reason the state could benefit …

An Examination Of Parental Temperament And Rearrest Among A Sample Of Serious Adolescent Offenders, Lina Maria Jackson

Criminology & Criminal Justice Theses - Archive

The relationship of child to parent, is one that has continuously been regarded as an impactful and important one. Parents are often held responsible for the character of their child as well as being responsible for their actions. Whether or not the parental relationship plays a part in an adolescent's re-arrest is what this paper aims to find, specifically looking at parental temperament. In order to lower the rate of rearrests it is important to unpack the factors that contribute to recidivism and where it may begin. This paper examines an adolescent’s rate of rearrest and analyzes if parental temperament …

"And Some, I Assume, Are Good People:" A Closer Look At Hispanic Immigration And The Code Of The Street, Nicole Cebak

Open Access Theses & Dissertations

Although research shows that increasing neighborhood levels of immigration tend to be associated with lower crime, little attention has been paid to why this is the case-- in essence what variables might help account for, or explain, these findings. Thus, the focus of this study is to explore a cultural explanation, specifically whether adherence to the code of the street helps to explain this relationship. Further, this study is looking to find the differences between immigrant generations as well as recent and established immigrants as it pertains to adherence to the code of the street. Using a random sample of …

Detecting Gsr Indicative Particles On Decayed Bones Using A Novel Field Kit, Sven Engling

Student Theses

Decomposed human remains are complex forensic puzzles, escalating in difficulty as the remains’ age obscures evidence, like trauma. Research has shown that scanning electron microscopes with energy dispersive X-ray spectrometers (SEM-EDX) are capable of detecting and identifying gunshot residue (GSR) particles on bones. However, SEM-EDX work is time consuming, expensive, and not accessible to every forensic department. Therefore, a preliminary field test capable of detecting GSR indicative particles, like lead, could save departments money and assist in trauma identification. This study examines the viability of using either the 3M Lead Check Test swabs or a sodium rhodizonate solution as part …

The Influence Of Demographic Information On Public Attitudes Towards Individuals Who Commit Sexual Offenses, Emily Bogdan

Student Theses

Research exploring the factors that shape public attitudes towards individuals who commit sexual offenses is needed to inform policy and reduce stigma that these individuals face as they reenter society. Prior research has explored demographic factors of those who offend and have been victimized, but few have studied how these variables may interact with one another to shape attitudes toward people who commit sexual offenses. The current study explores whether offender gender, victim gender, and victim age shape the public’s attitudes towards these individuals. Participants were presented with a vignette describing the offense and then they were asked to respond …

Dna Extraction And Genotyping From Burned Skeletal Remains, Kayla M. Rooney

Student Theses

In this research, bovine leg bones were burned, both with and without meat intact, in order to determine if it was possible to extract and amplify DNA to obtain profiles. The meat was burned over an open flame and the DNA was extracted using the Qiagen DNeasy Blood & Tissue Mini Kit, quantified with the NanoDrop, and amplified using the Bovine Genotypes Panel 3.1 Kit, and separated using the 3500 Genetic Analyzer. Profiles were analyzed using the Thermo Fisher Cloud Microsatellite Analysis software. The samples burned with the meat intact produced lower quantities of DNA than the bones burned with …

Effects Of Improper Ammunition Storage, Victoria S. Andre

Student Theses

Firearms are commonly used by law enforcement, hunters, and civilians either for protection, sport or criminal activity. Ammunition is used in traditional firearms such as rifles and handguns, and consists of a cartridge case, propellant, a bullet (projectile), and primer. The two types of priming systems within the cartridge that are commonly used today are rimfire and centerfire cartridges. There are several types of malfunctions that can occur with ammunition. Improper ammunition storage is one major factor that plays a role in ammunition failure. One form of improper ammunition storage is where the storage environment being used abruptly changes due …

Traditional And Non-Traditional Gender Role Stereotypes In Children’S Animated Films, Rachael Davidson

Electronic Theses and Dissertations

As gender stereotypes could lead to adherence to rape myths later in life, it is important to study the potential development of gender role stereotypes. Based on the theoretical approach of Bandura’s social learning, this mixed methods study sought to expand the literature on children observing gender stereotypes through film viewing. A content analysis of verbal and body language of the highest grossing animated films between 2017-2019 was conducted. The results indicated that most main characters displayed both traditional and non-traditional gender role stereotypes, which is indicative of gender role flexibility. This shows promise that there could be a moderating …

Mental Health Treatment In Juvenile Correctional Facilities: Utilizing Assessment To Inform Treatment, Sarah Riccio

Dissertations

Youth in juvenile correctional facilities face a wide range of mental health difficulties. Over the years, the juvenile justice system has prioritized the need for providing appropriate and effective treatment services to youth throughout their detainment. Despite these ongoing efforts, treatment practices in juvenile correctional facilities continue to fall short. This study will first focus on assessment practices within these facilities and the impact current practices have on diagnosis and subsequent treatment. Emphasis will be placed on the importance of comprehensive evaluations for informing diagnosis and determining the individual treatment needs of detained youth. An integrated approach to assessment will …

Charting The Unknown: Examining The Prevalence And Correlates Of Seconday Traumatic Stress In Kentucky Probation And Parole Officers., Amanda Marie Roberts

Electronic Theses and Dissertations

The purpose of this dissertation was to discern the prevalence and magnitude of both exposure to traumatic events and Secondary Traumatic Stress (STS); as well as potential correlates of STS in a group of Probation and Parole officers in the state of Kentucky Department of Corrections (KY DOC). Participants (N=302) completed a written survey which asked them to indicate demographic variables (age, gender, and ethnicity), as well as several important occupational variables, namely years of experience in the KY DOC, caseload volume, prison work experience, and whether or not they are responsible for a sexual offender caseload. Participants were also …

Social Disorganization And Violent Crime Across Nonmetropolitan Areas Of Kentucky., Daniel Ray Jude

Electronic Theses and Dissertations

This macro-level study examines the effects of social disorganization predictors on violent crime registered in nonmetropolitan areas of Kentucky from 2012 to 2016. The study intends to expand the line of research interested in verifying the applicability of the social disorganization theory (Shaw & McKay, 1942), including its new theoretical developments, to non-urban settings and plans to contribute to the literature willing to provide a better understanding of violent crime in rural areas. In response to Narag et al.’s (2009) call for a theoretical integration of environmental contaminants among the ecological factors that influence variations in crime, the study also …

Islands In The Sun: Lawfare And Great-Power Competition In The Indo-Pacific, Clayton T. Russo

Graduate Theses/Dissertations

This thesis examines the U.S.-Japan Mutual Defense Treaty and its future considering the recent developments in the international security environment. The 2018 National Defense Strategy brought back an emphasis on Great Power Competition, fundamentally transforming the role of U.S. alliances to address new challenges. In the 2021 budget, the Pacific Deterrence Initiative (PDI) has prioritized the People’s Republic of China as the number one pacing threat to theUnited States, drastically shifting international focus away from the Middle East and towards East Asia. In conjunction with funding new capabilities through the PDI, the U.S. will need to conceive new legal doctrines …

The Impact Of Covid-19 On The Thai Probation Department, Thanaphon Nunphong

Student Theses

The COVID-19 pandemic had a crucial impact on the Thai criminal justice system. While it may be true that the Department of Probation has proposed preventive and responsive measures in response to COVID-19, relatively little is known about the practical applications of these measures as well as the impact of COVID-19 on probation personnel, probationers, and parolees. The goal of this study is to explore the policies and practices of Thai probation agencies as they respond to the COVID-19 pandemic. This study surveyed probation officers in Thailand (N = 534; 60.6% Female) in March to April 2021, focusing on …

Dosage Matters: What Is Dosage, Doyoung Kim

Student Theses

To reduce recidivism, many correctional programs and interventions have been introduced to offenders. Though, the rate of recidivism remains exceedingly high. To improve program outcomes, it is important to match the dosage of a program to risk levels. However, there is not a standardized definition and measurement of program dosage. This thesis extends the study on identifying the definition and measurement of dosage and the effectiveness of the programs by conducting a systematic review of prior research. The results indicate that as a treatment dosage, treatment duration was more frequently used compared to treatment intensity to reduce recidivism rate of …

Integration Of Blockchain Technology Into Automobiles To Prevent And Study The Causes Of Accidents, John Kim

Electronic Theses, Projects, and Dissertations

Automobile collisions occur daily. We now live in an information-driven world, one where technology is quickly evolving. Blockchain technology can change the automotive industry, the safety of the motoring public and its surrounding environment by incorporating this vast array of information. It can place safety and efficiency at the forefront to pedestrians, public establishments, and provide public agencies with pertinent information securely and efficiently. Other industries where Blockchain technology has been effective in are as follows: supply chain management, logistics, and banking. This paper reviews some statistical information regarding automobile collisions, Blockchain technology, Smart Contracts, Smart Cities; assesses the feasibility …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

Transforming Criminal Justice Internships Into Capstone Courses: A Response To The Challenges Of The Covid-19 Crisis, Beau Shine, Kelly Brown

Midwest Social Sciences Journal

The COVID-19 pandemic in March 2020 resulted in the declaration of a national emergency that closed universities across the nation. With no warning, faculty were required to move classes from face-to-face to completely online instruction. This situation posed many difficulties, but particularly for faculty who were teaching and supervising students completing internships. Interns were removed from their internships abruptly as agencies and departments moved to essential personnel only. Faculty scrambled to create online learning experiences that met academic learning outcomes and the goals of criminal justice students enrolled in these courses. This paper details our experiences with these challenges, particularly …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Criminal Justice Update - November 2021, Patrick Mahoney

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

Redistricting Threats To New York’S Hispanic Congressional Representation, Carlos Vargas-Ramos

CUNY Centro, The Center for Puerto Rican Studies

The New York Independent Redistricting Commission has released draft maps of congressional, State Senate, and State Assembly districts drawn after the apportionment process, following the 2020 decennial census. While not final, some of the proposed maps threaten Hispanic congressional representation by eliminating one congressional district currently represented by a Hispanic member of the House of Representatives, diluting Hispanic population in several Hispanic majority districts, and reducing the likelihood of Hispanic representation in neighborhoods that have recently achieved Hispanic representation. Paradoxically, the attempts to dilute Hispanic political representation come on the heels of large Hispanic population increases across the state that …

Migrant Misconceptions: A Review Of Literature On National Heritage, Immigration Status, And Juvenile Offending, Serita Whiting

Contemporary Issues in Juvenile Justice

In 2020, the Pew Research Center reported over 40 million Latinx adults are immigrants and nearly 23% are U.S.-born adult children of immigrant parents. Some rhetoric that surrounds immigration is indicative of crime, criminals, and the need to build a wall to protect the U.S. border from migrant crossing. In the U.S., immigration policies apply a 'securitized' approach to criminal law enforcement involving Latinos. However, criminological literature indicates immigrants do not pose any more of a threat towards crime than a natural-born citizen. Continued research should be completed to better understand differences among immigrant youth compared to native-born Latino youth.

The Overrepresentation Of Youth With Disabilities In The Juvenile Justice System, Keidra Mcgriff

Contemporary Issues in Juvenile Justice

This paper discusses the contributing factors and effects of youth[VD(1] with disabilities in the juvenile justice system. The disabilities discussed will be those of social, emotional, learning, and behavioral; presenting disconnections between these children, youth, educational system, and juvenile justice system. [VD(2] The juvenile justice system encompasses youth with behavior attributed to their disability that has been criminalized and thereby labeled as a delinquent. A juvenile delinquent is defined as "a minor who…commits anti-social or criminal acts, like vandalism or violence" (Dictionary.com, 2016). Such behavior could be disorderly conduct or temper tantrums that is criminalized as assault or general …

Severe Emotional And Behavioral Problems: Barriers For Texas Youth Accessing Mental Health Court Programs, Justin Joseph

Contemporary Issues in Juvenile Justice

Conduct disorder is a constellation of continuous emotional and behavioral problems observed in children and adolescents, which may involve violent and non-violent antisocial behaviors. The symptomology of this psychological disorder includes: disregarding rules without clear reason, cruel or aggressive behavior toward people or animals (e.g., bullying, fighting, using dangerous weapons, forcing sexual activity, and stealing), skipping school, excessive substance use, pathological lying, manipulation, running away, and vandalism (American Psychiatric Association (APA), 2013). Texas Juvenile Mental Health Courts are designed to reduce the number of detained youth, divert at-risk children, maintain community safety, and utilize multidisciplinary approaches to treat conduct disordered …

Miami-Dade County Status Offenders: A Literature Review Of Punishment And Rehabilitation Of Youth, Colette B. Harris

Contemporary Issues in Juvenile Justice

The number of juveniles in detention centers has decreased across the United States. Although overall incarceration rates of juveniles in Miami-Dade County have declined, the number of youths at risk for delinquent activity and the number of girls in detention centers has increased. In the last nine years, Florida legislators have created laws to eliminate zero-tolerance policies in county schools, lessened the punishment role of law enforcement officers for in-school behaviors, as well as minimized the presence of law enforcement officers on school grounds. Although Miami-Dade County has been a part of the reformation of the Florida juvenile justice system, …

Right Against Self-Incrimination: Revealing The Mental Health History Of Justice-Involved Youth, Sesha Kethineni, Colette B. Harris

Contemporary Issues in Juvenile Justice

In the last two decades, the juvenile justice system has focused on the early identification of youth mental health to provide timely assessment and needed treatment. However, there are potential risks in divulging youth mental health status because the information is often made available to juvenile courts and probation departments. Many state statutes allow such information to be used in the admission of guilt, adjudication, and dispositional phases. The study reviewed state and federal statutes related to protections against self-incrimination of youth at eight different stages of the juvenile justice system. A systematic content analysis of secondary sources and legislative …

Ethnic Variations In Levels Of Conventional Bonding Among Different Black Adolescents In The United States: Implications For Behavioral Resilience, Shantol Mcintosh, Sherri Simmons-Horton, Frank Barnes

Contemporary Issues in Juvenile Justice

The quantitative study offers a description of how Caribbean-descended and African American adolescents in a national sample compare on strands of Hirschi’s conventional bond in terms of deviance and justice system involvement. Using a sample of 1,141 adolescents from the National Survey of American Life-Adolescent data, these groups were compared with tests of significance. The results indicate that belief and attachment are the most significant predictors of justice system contact. While Caribbean youth reported more deviance, this was not predictive of more justice system involvement than African Americans. Explanations for these findings and practice implications are offered.

Cheating From A Distance: An Examination Of Academic Dishonesty Among University Students, Timothy K. Daty

Doctoral Works at the University of New Haven

Academic dishonesty among college students has been an enduring issue within higher education. While prior research has explored this issue, the recent global pandemic has shifted collegiate demographics dramatically, particularly within online courses. As a result, previous findings may prove less applicable, warranting new research into student cheating within this current educational landscape. Given these new enrollment trends, this study investigated intentions to cheat in traditional and online class settings, and for criminal justice and non-criminal justice majors. Utilizing principles of rational choice theory, other factors related to academic misconduct also were explored.

For this study, original data were collected …

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies

Deason Center Reports

In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.