Legal Studies Commons^™

A Quantitative Examination Of Known Exonernations And The Factors That Have Contributed To The Wrongful Convictions Of Innocents, Meagan Andrea Semmelroth

Theses and Dissertations

Wrongful convictions have been gaining attention both in the public and academic arenas. The knowledge that has been gained about wrongful convictions has been gained mostly by looking at cases of exonerations based on factual innocence. The use of DNA in the adjudication process, mainly in helping to defend and free innocent people brought the detriments of wrongful convictions into the lives of the public through the use of media. Since this time, innocence projects have opened, more cases of exonerations have been found, and more cases of wrongful conviction have been overturned. However, the frequency with which wrongful convictions …

Development Of A Quantitative Real-Time Polymerase Chain Reaction (Rt-Pcr) Assay For Plant Species, Kayla Curtis, Heather Miller Coyle

Forensic Science Publications

In order to facilitate optimal plant DNA quantitation and identification, an assay has been developed that uses generic plant PCR primers that amplify a region in the chloroplast genome of plant samples. The assay uses the SYBR green detection dye to detect the PCR product with a universal PCR primer set to the large subunit of ribulose bisphosphate carboxylase, rbcL, but can be used with any of the universal barcode primers for land plants (rbcL, matK, trnH, psbA). Standard dilutions of control wheat DNA of varying concentrations were tested to create a standard curve. Several plant DNA extractions of different …

An Enzymatic Method To Process Decomposed Non-Human Bone For Forensic Dna Analysis, Richard Li, Melissa Gaud, Smriti Nair

Publications and Research

Forensic analysis of DNA from non-human bones can be important in investigating a variety of forensic cases. However, decomposed bone is difficult to process for isolating DNA. In this study, a previously established enzymatic method was utilized to process bone samples that simulate decomposed specimens. Our results demonstrated that this enzymatic processing method is effective for removing decomposed soft tissues and outer surface materials such as mineralized bone connective tissue of bone fragment samples. Our data suggested that this method can be used in the initial sample preparation for cleaning the outer surface of decomposed non-human skeletal fragments. This study …

Resources Matter: The Role Of Social Capital And Collective Efficacy In Mediating Gun Violence, Jennifer Lynne Dean

USF Tampa Graduate Theses and Dissertations

Abstract

This study explains how community activists make use of available social capital and collective efficacy while attempting to mediate gun violence. It specifically focuses on twelve in-depth interviews of activists' perspectives, processes and rationales to alleviate community gun violence, based on informal social control models. Findings suggest activists must establish trust and respect with youth they work with before mediation begins, which is established through similar life experiences or backgrounds. Once a strong bond is established with youth, activists identified five core processes to reduce violence: 1) improve the mindset, 2) provide life skills, 3) assist youth as their …

What Does Performance Theory Have To Teach Us About The Treatment Of Severe And Persistent Mental Illness (Spmi) In Prison?, Kaley Joanne Raskin

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Deinstitutionalization of psychiatric hospitals, which occurred in the 1970's, led to an overwhelming number of mentally ill individuals within jails and prisons. In fact, correctional facilities have become the mainline providers of mentally ill inmates; however, these facilities' primary form of intervention is psychotropic medication. Although beneficial in some instances, when viewed through the lens of Goffman's theories of performance and stigma, simply providing medication promotes the role of mental patient. Arguably, within correctional facilities, medication management assists in maintaining security in the institution (i.e., external change); however, this prohibits the inmate from internal change, which might otherwise be facilitated …

Regulating Sex Work: Assimilation, Erotic Exceptionalism & Beyond, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This paper, instead, looks at debates within the pro-sex work camp, uncovering some unattended tensions and contradictions. It shows that, within this camp, some stress the labor aspect, urging that sex markets perpetuate a "vulnerable population" of workers, similar to others who perform highly risky and/or exploited labor, and should be regulated accordingly. In this view, sex work would be assimilated into other labor. Others, though, take a more anti-regulatory stance. They exceptionalize this form of labor, arguing that because …

The Influence Of Community Context On Social Control: A Multi-Level Examination Of The Relationship Between Race/Ethnicity, Drug Offending, And Juvenile Court Outcomes, Jennifer Peck

USF Tampa Graduate Theses and Dissertations

Studies of the association between race/ethnicity and juvenile court outcomes have found that minority youth often receive disadvantaged outcomes compared to similarly situated Whites, and that community context may condition this relationship. Sampson and Laub's (1993) revised conflict perspective is one theoretical model that can potentially explain the social control of youth throughout juvenile justice proceedings. One of the main propositions of Sampson and Laub's (1993) perspective is that communities characterized by underclass poverty and racial inequality will impose greater social control on youth referred to the juvenile court, especially Blacks and youth charged with a drug offense because they …

Juvenile And Adult Involvement In Double Parricide And Familicide In The U.S.: An Empirical Analysis Of 20 Years Of Data, Averi Rebekah Fegadel

USF Tampa Graduate Theses and Dissertations

The killing of parents and stepparents by biological and stepchildren is a rare event. Incidents involving multiple parricide victims and/or multiple parricide offenders are an even rarer occurrence. The majority of studies on parricide involve a single victim and single offender. Using the National Incident-Based Reporting System (NIBRS), this study identified 603 single-victim, single-offender incidents, 22 single-victim, multiple-offender incidents, 60 single-offender double parricide incidents, 17 multiple-offender double parricide incidents, and 15 familicide incidents over the 20 year period 1990 to 2010. Univariate and bivariate analyses examined parricidal incidents involving single or multiple offenders and single or multiple victims with the …

Key Strains, Anger And Delinquency: The General Strain Theory Test On Sourth Korean Youths From Low-Income Households, Jihye Park, Dae-Hoon Kwak

Graduate Research - Criminal Justice

General Strain Theory: Negative relations of strains create unpleasant emotions (e.g., anger and depression), which lead strained people to commit crimes as their coping methods. Strains are more likely to lead to crimes.

Impact Of Tumour Epithelial Subtype On Circulating Micrornas In Breast Cancer Patients, Peadar S. Waters, Roisin M. Dwyer, Cathy Brougham, Claire L. Glynn, Deidre Wall, Peter Hyland, Maria Duignan, Mark Mcloughlin, John Newell, Michael J. Kerin

Forensic Science Publications

While a range of miRNAs have been shown to be dysregulated in the circulation of patients with breast cancer, little is known about the relationship between circulating levels and tumour characteristics. The aim of this study was to analyse alterations in circulating miRNA expression during tumour progression in a murine model of breast cancer, and to detemine the clinical relevance of identified miRNAs at both tissue and circulating level in patient samples. Athymic nude mice received a subcutaneous or mammary fat pad injection of MDA-MB-231 cells. Blood sampling was performed at weeks 1, 3 and 6 following tumour induction, and …

Asymmetric Empirical Similarity, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in the judicial hierarchy). The empirical analysis suggests that the model is a plausible model for the time series of U.S. maritime salvage cases. Moreover, the results evince that prior cases decided by inferior courts have less influence than prior cases decided by superior courts.

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva

Brigham Young University Journal of Public Law

A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …

Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle

Electronic Theses, Projects, and Dissertations

According to the 2011 National Gang Threat Assessment created by the Federal Bureau of Investigation, there are more than 33,000 gangs in the United States, cited as being responsible for nearly 48% of the violent crime in the country. Using information drawn from gang-related court cases, this study examines the nature of inter- and intra-gang violence occurring between January 1, 2002-December 31, 2011. An innovative application of network analysis will be used to hone in on rivalries, the existence of possible hierarchy, and the relational and structural characteristics of Blood and Crip gangs in Los Angeles County. Results show that …

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …

National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani

San Diego Law Review

This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …

Overseas Lawful Permanent Resident Terrorists: The Novel Approach For Revoking Their Lpr Status, Daniel Pines

San Diego Law Review

This Article seeks to break the silence by examining the issue of overseas LPRs and offering a mechanism by which the U.S. government could take affirmative action to file cases in immigration courts to strip out-of-status LPR terrorists of their LPR status. As the United States legally can, and routinely does, revoke the LPR status of out-of-status LPRs who appear at U.S. borders, the United States could also take away such status for those who have resorted to terror, without having to wait—perhaps in vain—for them to appear on the United States’ doorstep. The purpose of granting an individual LPR …

A Modern King Solomon’S Dilemma: Why State Legislatures Should Give Courts The Discretion To Find That A Child Has More Than Two Legal Parents, Ann E. Kinsey

San Diego Law Review

This Comment reviews the current state of parental rights and proposes statutory clarifications that would provide courts with the power to find that a child has more than two legal parents. Part II provides background information on the decline of the traditional family. The Part reviews how the law of parentage has progressed over time and provides an overview of the laws of several states and Canada that provide rights to, and impose duties on, a third parent. Part III discusses California Senate Bill 1476, which, had Governor Jerry Brown signed it into law in 2012, would have given California …

Trans-Substantivity And The Processes Of American Law, David Marcus

BYU Law Review

The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.

Creating Crimmigration, César Cuahtémoc García Hernández

BYU Law Review

No abstract provided.

Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …

Cyber Bullying Evolved: Bullying In The Military Workcenter, Dayna M. Friend

Regis University Student Publications (comprehensive collection)

The purpose of this project was to inform readers about the progression of cyber bullying into the military work center. This research has been compiled to aid the thesis topic for the capstone project in the Regis University Criminology program. The proposal relates the involvement of adults (any person over the age of 18) in the epidemic that is cyber bullying. A comprehensive literature review analysis was created on the current research available on cyber bullying in adolescents and the issues that exist within it. It was found that the majority of the research is still in the understanding of …

Utilizing Dna Analysis To Combat The World Wide Plague Of Present Day Slavery – Trafficking In Persons, Timothy Palmbach, Jeffrey Bloom, Emily Hoynes, Dragan Primorac, Mario Thomas Gaboury

Forensic Science Publications

A study was conducted to determine if modern forensic DNA typing methods can be properly employed throughout the world with a final goal of increasing arrests, prosecutions, and convictions of perpetrators of modern day trafficking in persons while concurrently reducing the burden of victim testimony in legal proceedings. Without interruption of investigations, collection of samples containing DNA was conducted in a variety of settings. Evidentiary samples were analyzed on the ANDE Rapid DNA system. Many of the collected swabs yielded informative short tandem repeat profiles with Rapid DNA technology.

Legend Tripping: Haunted Fun Or Potential Juvenile Delinquency And Death, Gordon A. Crews

Criminal Justice Faculty Publications

On August 7, 2013, one juvenile was killed and 10 others were seriously injured when their truck crashed in Clay County, West Virginia. These juveniles, after drinking heavily, were investigating the Appalachian legend of the “Haunted Chimneys around Booger Hole”. The concept of legend tripping is at least as old as Mark Twain's The Adventures of Tom Sawyer, which contains several accounts of adolescents visiting allegedly haunted houses and caves said to be the “lairs of criminals”. This paper examines the extent and dangers of juvenile legend tripping across the United States. Many examples of cases will be given.

I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay

Dissertations, Theses, and Capstone Projects

This study examines Passages Academy, a school program that offers educational services for court-involved youth in New York City. Looking specifically at the Department of Education teachers who work in facilities run by the Department of Juvenile Justice, this research focuses on the beliefs and behaviors that inform the teaching experience within these facilities. The critical question of how these educators negotiate the learning spaces within this school community is also examined.

The question that informs much of this study is: how are the philosophies of the various stake-holding agencies enacted daily in real classroom settings? This leads to a …

The Process Of Separation For Victims Of Intimate Partner Violence: Evaluating Risk Of Indirect And Physical Abuse Relating To Interpersonal Events, Brittany E. Hayes

Dissertations, Theses, and Capstone Projects

Previous research has found that risk of physical abuse increases during the process of separation (Brownridge, 2006). Given the opportunity structure changes once the separation process begins, abusers may be more likely to engage in indirect abuse when their partner begins the process. Indirect abuse is the use of third parties, such as children or family/friends, to manipulate the abused woman. In the current study, opportunity is measured with both events abused women report and relationship characteristics that increase or decrease the likelihood the victim and offender converge in time and space.

The study relies on data from the Chicago …

Public Knowledge And Sentiments About Elite Deviance, Cedric Michel

USF Tampa Graduate Theses and Dissertations

A growing body of research has revealed that the financial cost and physical harmfulness of elite deviance overshadow the impact of street crime on society (Knowlton et al., 2011; Landrigan et al., 2002; Leigh, 2011; Lynch & Michalowski, 2006; Herbert & Landrigan, 2000; Rebovich & Jiandani, 2000; Reiman & Leighton, 2010). However, despite such discrepancies, crimes of the poor continue to outshine white-collar offenses in the news media (Barak, 1994; Barlow & Barlow, 2010; Ericson et al., 1991; Lynch & Michalowski, 2006; Lynch, Nalla & Miller, 1989; Lynch, Stretesky & Hammond, 2000), the criminal justice system (Calavita, Tillman, & Pontell, …

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.