Legal Studies Commons^™

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass

Dissertations, Theses, and Capstone Projects

Official statistics document that Black males experience disproportionate contact with the criminal justice system (CJS). Existing theory and research suggest that this contact may be attributed to unique attributes of Black masculine behavior. Utilizing a meta-analysis of Black masculinity studies and content analysis of narratives from a select sample of Black males, ages 19-50, the current study examines the similarities and differences between the construction and performance of normative or traditional masculinity, as measured by Mahalik et als’ CMNI and the attributes of Black masculinity as defined in the literature. A goal of the study was to assess whether Black …

Implementing Restorative Justice Under The Retributive Paradigm: A Pilot Program Case Study, Patrick Gerkin, John Walsh, Joseph Kuilema, Ian Borton

Open Access Publishing Support Funded Articles

This article explores the implementation of a pilot program in restorative justice in a medium-sized Midwestern city. Through an examination of meeting minutes, interviews, and the personal reflections of the authors, this article examines the implementation of a victim–offender mediation program, referred to throughout the article as the Fast Track Accountability Program (FTAP). Presented as a case study, the authors describe the key stakeholders, the process, the obstacles, as well as lessons learned along the way. Particular attention is given to the essential role of strong leadership and to the challenges faced when implementing such a program within the bureaucracy …

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Quantitative Analysis Of Opioids And Cannabinoids In Wastewater Samples, Alethea Jacox, Jillian Wetzel, Shu-Yuan Cheng, Marta Concheiro-Guisan

Publications and Research

Wastewater-based epidemiology is an innovative approach that uses the analysis of human excretion products in wastewater to obtain information about exposure to drugs in defined population groups. We developed and validated an analytical method for the simultaneous determination of opioids (morphine, oxycodone, hydrocodone, oxymorphone and hydromorphone), and cannabinoids (Δ⁹-tetrahydrocannabinol, 11-nor-9-carboxy-tetrahydrocannabinol (THCCOOH) and THCCOOH-glucuronide) in raw-influent wastewater samples by ultra-high performance liquid chromatography-tandem mass spectrometry. Method validation included linearity (5–1 000 ng/L for opioids, 10–1 000 ng/L for cannabinoids), imprecision (<21.2%), accuracy (83%–131%), matrix effect (from –35.1% to –14.7%) and extraction efficiency (25%–84%), limit of detection (1–5 ng/L) and quantification (5–10 ng/L) and auto-sampler stability (no loss detected). River and wastewater samples were collected in triplicate from different locations in New York City and stored at −20 °C until analysis. Water from sewage overflow location tested positive for morphine (10.7 ng/L), oxycodone (4.2–23.5 ng/L), oxymorphone (4.8 ng/L) and hydromorphone (4.2 ng/L). Raw influent wastewater samples tested positive for morphine (133.0–258.3 ng/L), oxycodone (31.1–63.6 ng/L), oxymorphone (16.0–56.8 ng/L), hydromorphone (6.8–18.0 ng/L), hydrocodone (4.0–12.8 ng/L) and THCCOOH (168.2–772.0 ng/L). This method is sensitive and specific for opioids and marijuana determination in wastewater samples.

Trauma-Informed Care And The Juvenile Justice System, Sesha Kethineni

Contemporary Issues in Juvenile Justice

No abstract provided.

A Current And Increasing Problem Of Anti-Social Behavior Via Anonymity Using Electronic Mediums Demanding Recognition As A Biophsychosocial Disorder That Perpetuates Criminal Behavior Online, Hannah Wood Despres

Regis University Student Publications (comprehensive collection)

Most people who commit crime fall into a classification of criminological, sociological or psychological disorders called biopsychosocial disorders. Cyber-crime is unique in the fact that, cyber criminals can commit crimes behind completely closed doors and they are virtually anonymous. This makes for a varied environment of theory on the causation of cyber-crimes. The proposed disorder theory, computer mediated anonymity asocial disordered theory, is based on the notion that the anonymous nature of electronic mediums in communication has significantly changed people’s interpersonal skills. The change in interpersonal development is therefore affecting social engagement behavior online and has allowed a lack of …

A Qualitative Study Of Recent And Existing Research Into The Problem Of Prostitution To Determine Whether Sufficient Research Has Been Done To Analyze Steps That Can Be Developed To Successfully Reduce The Demand Of Prostitution Among Men In The 25 To 40 Age Range., Amber Avery

Regis University Student Publications (comprehensive collection)

This research examines the existing data in order to determine if there is sufficient criminological, sociological, and academic research done that can develop way

to reduce the demand of prostitution. Seeking to use different ways to reduce the demand for prostitution, it is found that legalization, strict enforcement of legal norms, and a number of public shaming ideas could very well be useful. Men between the ages of 25 to 40 are the highest solicitation age group, these men make up a majority of the statistics. Survey information from StatisticBrain (2016) and Roeben (2015) are utilized to demonstrate the attitudes …

Child Sex Tourism And The Lack Of Deterrence That Drives The Problem, Ian Voelkel

Regis University Student Publications (comprehensive collection)

Child sex tourism is a transnational issue that has grown over the past 30-years. The international community has taken numerous steps in the prevention of child sex tourism; however, there is a severe lack of statistics, research, and empirically driven data that could help deter the problem. This exploratory study will use random probability selection in an online survey to explore whether a certain level of deterrence can affect an individual’s rational choice in practicing child sex tourism. By utilizing a quantitative methodology this study will identify whether an individual’s knowledge of the legality of child sex tourism affects their …

Lessons From The Field: Kinship As An Intervention (Library Resources), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to “Lessons from the Field: Kinship as an Intervention,” a lecture by Rev. Gregory Boyle, S.J., founder and executive director of Homeboy Industries, held at the College of the Holy Cross on February 6, 2017.

Homeboy Industries is the largest gang intervention, rehabilitation and re-entry program in the world

The Use Of Raman Spectroscopy For The Identification Of Forensically Relevant Body Fluid Stains, Tyler Schlagetter, Claire L. Glynn, Brooke Weinger Kammrath

Forensic Science Publications

Raman spectroscopy is fast becoming a popular technique in the forensic science discipline, and more recently its focus has turned to biological samples. This study reveals the ability of Raman spectroscopy to identify some forensically relevant body fluids, both individually and within mixed samples, that can be crucial in some forensic investigations. This study also further demonstrates the capabilities of Raman as a means for human blood identification in simulated crime scene samples to include bloodstains on a variety of fabrics, at varying dilutions, following laundering, and with the use of various blood-enhancement reagents. The impact of washing and blood-enhancement …

Changes In J-Soap-Ii And Savry Scores Over The Course Of Residential, Cognitive-Behavioral Treatment For Adolescent Sexual Offending, Jodi L. Viljoen, Andrew L. Gray, Catherine Shaffer, Natasha E. Latzman, Mario Scalora, Daniel Ullman

Department of Psychology: Faculty Publications

Although the Juvenile Sex Offender Assessment Protocol–II (J-SOAP-II) and the Structured Assessment of Violence Risk in Youth (SAVRY) include an emphasis on dynamic, or modifiable factors, there has been little research on dynamic changes on these tools. To help address this gap, we compared admission and discharge scores of 163 adolescents who attended a residential, cognitive-behavioral treatment program for sexual offending. Based on reliable change indices, one half of youth showed a reliable decrease on the J-SOAP-II Dynamic Risk Total Score and one third of youth showed a reliable decrease on the SAVRY Dynamic Risk Total Score. Contrary to expectations, …

Moral Disengagement In Legal Judgments, Tess M. S. Neal, Robert J. Cramer

Community & Environmental Health Faculty Publications

We investigated the role of moral disengagement in a legally-relevant judgment in this theoretically-driven empirical analysis. Moral disengagement is a social-cognitive phenomenon through which people reason their way toward harming others, presenting a useful framework for investigating legal judgments that often result in harming individuals for the good of society. We tested the role of moral disengagement in forensic psychologists' willingness to conduct the most ethically questionable clinical task in the criminal justice system: competence for execution evaluations. Our hypothesis that moral disengagement would function as mediator of participants' existing attitudes and their judgmentsa theoretical bridge between attitudes and judgmentswas …

Editorial, Jane L. Ireland, Robert J. Cramer

Community & Environmental Health Faculty Publications

We commence this edition with an invited paper by David DeMatteo, Suraji Wagage, and Jaymes Fairfax-Columbo on cyberstalking. Their paper considers the role of law and public opinion in this rapidly evolving area of study. One of the most interesting findings represents the difference between public opinion and the legal concept of cyberstalking; public opinion does not support the (legal) suggestion that cyberstalking should be considered alongside more general stalking. This reflects a move in the literature more generally that considers cybercrime distinct in many ways from contact offending. Indeed, it parallels considerably with the cyberbullying literature, which some would …

Van Oster V. Kansas And The Unconstitutionality Of Civil Forfeiture, Thomas Senst

Undergraduate Review

The purpose of this paper is to illustrate the contradictory nature of civil forfeiture through a case analysis of Van Oster v. Kansas and compare the precedent established in this case to current civil forfeiture laws. This case has not received the proper attention that it deserves in civil forfeiture scholarly literature. Van Oster represents a case in which the Supreme Court upheld civil forfeiture, yet the internal logic of their justification suggests that civil forfeiture is unconstitutional. Additionally, this paper will conceptualize judicial dictions and opinions delivered by Justice Brandeis and Justice Holmes, who both served on the Supreme …

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

Drop (Drone Open Source Parser) Your Drone: Forensic Analysis Of The Dji Phantom Iii, Devon R. Clark, Christopher S. Meffert, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

The DJI Phantom III drone has already been used for malicious activities (to drop bombs, remote surveillance and plane watching) in 2016 and 2017. At the time of writing, DJI was the drone manufacturer with the largest market share. Our work presents the primary thorough forensic analysis of the DJI Phantom III drone, and the primary account for proprietary file structures stored by the examined drone. It also presents the forensically sound open source tool DRone Open source Parser (DROP) that parses proprietary DAT files extracted from the drone's nonvolatile internal storage. These DAT files are encrypted and encoded. The …

Erasing The Mark Of A Criminal Past: Ex-Offenders’ Expectations And Experiences With Record Clearance, Ericka Adams, Elsa Chen, Rosella Chapman

Faculty Publications

Through the process of record clearance, individuals can have certain minor convictions removed from their criminal records or designated as expunged. This study analyzes data gathered from semi-structured interviews with 40 persons with past criminal convictions to examine the expectations of individuals who seek record clearance and the extent to which completion of the process facilitates efforts to reintegrate into society and desist from crime. The analysis finds that record clearance benefits ex-offenders through external effects, such as the reduction of barriers to employment, and internal processes, such as the facilitation of cognitive transformation and the affirmation of a new …

2017 Annual Campus Security And Fire Safety Report, University Of Nebraska-Lincoln, University Police, University Of Nebraska-Lincoln

University of Nebraska-Lincoln, University Police

2017 Annual Campus Security and Fire Safety Report, University of Nebraska-Lincoln

Safety and security information for the University of Nebraska-Lincoln, including crime and fire statistics for the 2016 calendar year, and the information required by the Drug-Free Schools and Communities Act of 1989. All data are submitted to the United States Department of Education according to law.

An Ableist Society: What Does Disability Look Like?, Maricela Paramo

Nebraska College Preparatory Academy: Senior Capstone Projects

One out of every five adults in the United States has a disability. That is about 63.976 million people, yet, ableism is a common type of discrimination. This paper is an attempt to create awareness of ableism and its negative effects by providing testimonies and methods that will help people with disabilities live a life without prejudice.

The United States is nowhere close to being an ableist free society and it will remain this way until people stop using ableist language as an insult or to mock someone, until mocking the disabled is not a media entertainment, until public figures …

Diversion Of Juvenile Offenders In China, Ying Cao

Contemporary Issues in Juvenile Justice

No abstract provided.

Positivity And Delinquency: Is The Glass Half Full?, Alexis J. Harper

Contemporary Issues in Juvenile Justice

Research from control theorist Walter Reckless has shown that positive self-image acts as an insulator from delinquency during adolescence. Current research investigates the connection between an individual’s self-perceptions and their inclination toward delinquency, hypothesizing that rates of delinquency will be lesser for an individual with a positive perception of self. Data from Wave I of the National Longitudinal Study of Adolescent Health are compared to follow-up data with participants in Wave II so reported self-image may predict subsequent delinquency. Ordered logistic regression is used to estimate the significance of self-image effects on delinquency, and probability scores for participation in delinquency …

The Effects Of Restorative Justice Programming On Juvenile Offender Empathy, Mike Tapia, Nicholas D. Natividad, Crystal Vasquez

Contemporary Issues in Juvenile Justice

No abstract provided.

Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska

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

Abstract forthcoming.

Hopelessness Depression As A Predictive Risk Factor For Recidivism And Survival Time Among Juvenile Offenders, Todd Milton Mcginnis

Walden Dissertations and Doctoral Studies

In the United States, there is a high incidence of recidivism among juvenile offenders with mental health disorders. This is a critical social issue facing the public and the Department of Juvenile Justice Administration today. However, research is not clear on the role of psychological factors in recidivism frequency and survival time. The purpose of this study was to examine whether hopelessness depression, as measured by suicidal-ideation, depression-anxiety, anger-irritation, and alcohol-drug use, and offense type, were predictors of recidivism frequency and survival time when controlling for age, gender, and race. The total sample consisted of archival data from 404 juvenile …

Exploring The Merging Of Two Divergent Behavioral Support Systems In Juvenile Justice, Linda Susan Spaulding

Walden Dissertations and Doctoral Studies

In 2016, over 47,000 youths in the state of Florida were served by the Department of Juvenile Justice (DJJ) probation services. While on probation, these youths were exposed to 2 different, and potentially conflicting disciplinary management systems. Youth are under the authority of juvenile probation officers (JPOs), who are bound to a consequence-based management approach. This approach is guided by negative reinforcement. The youths are simultaneously engaged with staff from diversion programs, many of which are strengths-based and guided by positive reinforcement. According to the ecosystemic complexity theory of conflict, exposure to incongruent systems can have negative effects such as …

Security Strategies For Hosting Sensitive Information In The Commercial Cloud, Edward Steven Forde

Walden Dissertations and Doctoral Studies

IT experts often struggle to find strategies to secure data on the cloud. Although current security standards might provide cloud compliance, they fail to offer guarantees of security assurance. The purpose of this qualitative case study was to explore the strategies used by IT security managers to host sensitive information in the commercial cloud. The study's population consisted of information security managers from a government agency in the eastern region of the United States. The routine active theory, developed by Cohen and Felson, was used as the conceptual framework for the study. The data collection process included IT security manager …

Sexual Misconduct In Prison: What Factors Affect Whether Incarcerated Women Will Report Abuses Committed By Prison Staff?, Sheryl Pimlott Kubiak, Hannah Brenner, Deborah Bybee, Rebecca Campbell, Cristy E. Cummings, Kathleen M. Darcy, Gina Fedock, Rachael Goodman-Williams

Faculty Scholarship

No abstract provided.

A Comparative Analysis Of The United States Supreme Court's Doctrine Of Selective Incorporation And Corporate Constitutional Rights Jurisprudence, Rebecca R. Fate

Honors Undergraduate Theses

With recent and contentious Supreme Court cases dealing with corporate constitutional rights, such as Citizens United v. Federal Election Commission (2010), as well as with the appointment of a new justice, the time is particularly ripe for evaluations of the Supreme Court’s jurisprudence in this area, including predictions about the future of this line of cases. The purpose of this thesis is to establish a better understanding of the historical jurisprudential approach utilized by the Supreme Court to decide corporate constitutional rights by establishing the well-known doctrine of selective incorporation as an appropriate analogy. No other works attempt to frame …