Legal Studies Commons^™

A Multifaceted Approach To Management And Homeland Security For The 21st Century, Vincent Antonecchia

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This master’s thesis is a compilation of "short stories" which share one common theme, the immediate and long-term protection, preservation and prosperity of my country, the United States of America. I embarked on this journey to obtain a Master of Arts in Management and Homeland Security because I am truly concerned about my children’s future, the future of the United States of America, and the future of the world as a whole. On September 11, 2001, the world caught a glimpse of true evil and witnessed death and destruction as it was carried out by focused and motivated enemies.

I …

Deconstructing The "Power And Control Motive": Developing And Assessing The Measurability Of Internal Power, Shelly Marie Wagers

USF Tampa Graduate Theses and Dissertations

Despite the increased social recognition, law and policy changes within the criminal justice system, and the widespread use of court mandated batterer intervention programs (BIPs) domestic violence continues to be a persistent problem. The lack of significant decline in incidence rates along with a growing body of empirical evidence that indicates BIPs are, at best, only moderately effective raises serious concern. Effective policies and programs are based upon empirically tested theory. The assertion "the batterer's motive is power and control" has become fundamental to almost all of our currently used and accepted mainstream theoretical explanations regarding domestic violence. However, the …

Human Trafficking: Law Enforcement's Perceptions And Knowledge, Stormy Michelle Slider

Criminology & Criminal Justice Theses - Archive

The perceptions and knowledge of law enforcement personnel regarding the issue of human trafficking was analyzed by utilizing a self-administered survey with questions measuring those items. Unfortunately there is a limited amount of literature available that addresses the role and responses to human trafficking amongst law enforcement personnel and was therefore taken into consideration during the analysis of this research study. The findings of this study found that there does not seem to be a significant statistical difference among law enforcement personnel's confidence in victim identification when related directly to the number of training hours they have received pertaining to …

A Closer Look At Race, Capital, And Sentencing: An Examination Of Race And Death Penalty Post-Furman And Gregg Decisions From 1977-2011, Michael R. Khodayari

Criminology & Criminal Justice Theses - Archive

The aim of this thesis is to study racial disparity in capital sentencing since Gregg and Furman decisions from 1977-2011. The data used in this study came from execution in the United States, 1608-2002 (the ESPY file) and death penalty information center, 2003-2011. The findings of the data suggest that there is a relationship between the race of the victim and the race of the offender in the capital sentencing. Most of the empirical literature to date examined in the study also conclude that race is a determining factor in capital punishment cases.

Racial Disparity And The Crack Cocaine Federal Sentencing Guidelines, Sandy L. Binnicker

Criminology & Criminal Justice Theses - Archive

Racial disparities throughout the Federal Prison System are perhaps more apparent today than ever largely due to the fact that people are becoming increasingly cognizant of disproportionate sentencing for various types of crimes, most notably for crack cocaine versus powder cocaine offenses established under the Federal Sentencing Guidelines. Regardless of their legal origins, or who or what is most responsible for their continued utilization, the uses of disproportionate sentences for similar offenses are part of an alarming trend occurring in our criminal justice system. It is crucial, therefore, to have a better understanding of the magnitude of this problem, both …

Human Trafficking: The Perceptions Of Students Towards The Underground Sex Trafficking Network, Jennifer Jones

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to measure the perception, while controlling for race and ethnicity, towards human trafficking in 2012. Specifically, the perceptions of both undergraduate and graduate criminology and criminal justice college students at the University of Texas at Arlington are examined by a survey. A Quantitative empirical approach is used to measure the views of students on this topic. This study uses a non-experimental, cross-sectional survey design which consists of a single observation of undergraduate and graduate students at the University of Texas at Arlington. A non-probability convenience sample (n=108) is used for this group. The ultimate …

Fear Of Dna Exonerees, Callie Brown

Criminology & Criminal Justice Theses - Archive

The purpose of this research was to determine if the public has a fear of wrongly convicted individuals that have since been exonerated through the use of DNA evidence. Existing research on DNA exonerations and exonerees has not addressed this phenomenon. The researcher distributed surveys to undergraduate students taking criminology and criminal justice courses at the University of Texas at Arlington. The data was analyzed using a t-test to compare the means of Caucasian and non-Caucasian respondents. The findings suggest that Caucasians and minorities have different levels of perceived fear of DNA exonerees in a variety of circumstances. The two …

Defense Industry Fraud And Whistle-Blowing: A Study Of The Relationship Between Perceptions Of Fraud And Whistle-Blowing, Ryan A. Bradbury

Criminology & Criminal Justice Theses - Archive

The purpose of this study is to explore the relationship between perception of fraud occurring in the defense industry and likelihood of engaging in whistle-blowing behaviors. To accomplish this, college students attending the University of Texas at Arlington were selected (n=281) to respond to surveys on the topic of defense industry fraud and whistle-blowing. This study used statistical analyses such as T-tests (Independent Sample T-test and ANOVAs) to determine significant differences between variables. The variables of gender, race, major, political party and defense industry associations were found to have statistically significant differences. Scales were also created for perception of defense …

The Effect Of Video Games On Aggressive Behavior In Undergraduate Students, Marisa Prokarym

Criminology & Criminal Justice Theses - Archive

The study of the relationship between media and aggressive behavior gained popularity in the 1950's with television and has evolved to examine other media sources in the following decades. Video games have become the new media source of concern within the past decade (popularized in 2000), and as a result inspired the current study as an extension of the previous media studies. The current study examined the effect of video game play on aggressive behavior through survey research and consisted of 167 undergraduate participants at the University of Texas - Arlington. The analysis revealed that the personality and behavior of …

Child Abuse Among Tarrant County Probationers, Alyssa Wadas

Criminology & Criminal Justice Theses - Archive

Child abuse occurs throughout every city, in every state, in the United States. Child abuse occurs in many different forms, including but not limited to: physical abuse, emotional abuse, sexual abuse, medical neglect, psychological abuse and neglect. For many children child abuse never gets reported and children have a lifetime to cope with the effects of the abuse without consequence to the abuser. The current study explores probationers who report to the Tarrant County Probation office in Tarrant County Texas who have been convicted of or received deferred adjudication for committing an offense against a child in the State of …

Perceptions Of Inmates, Inmates' Life In Prison, And Reentry Into Society: An Evaluation Of Educational Influence On Societal Perceptions Versus The Realities Of Inmates' Experiences, Krystal Salazar

Criminology & Criminal Justice Theses - Archive

The purpose of this study was to conduct an in class survey over the perceptions of inmates, inmates' life in prison and reentry into society. The study hoped to gain understanding of educational influence on societal current perceptions on the topic. Statistical analyses of t-tests were conducted to control for gender, victimization, and knowing someone who was ever incarcerated versus not knowing someone ever incarcerated. The results suggested many victims agreed that inmates face hardships in prison and in society. Furthermore, victims believed community cohesion is crucial to reintegration. The study hypothesized that perceptions of inmates, inmates' life in prison …

Student Perceptions Of Drug Neighborhoods: An Analysis Of Visual Cues That Contribute To Students' View Of What Is Or Is Not A Drug Neighborhood, Jeremy Thompson

Criminology & Criminal Justice Theses - Archive

Perceptions of crime has been an emerging criminological area of study for the past twenty years. Prior research has shown that visual cues of social disorganization are indicators of both general crime and narcotics crime. This research explores perceptions of narcotics crimes through the utilization of a cross-sectional quantitative research method. Data collected through this study was analyzed by a series of tests which confirm prior findings regarding the connection between visual cues of social disorganization and the perception of crime. This study further suggests that visual indicators of crime have the greatest impact on women, Asian or Pacific Islanders, …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Fidelity To Law And The Moral Pluralism Premise, Katherine R. Kruse

Scholarly Works

In Fidelity to Law, Wendel presents and defends a comprehensive theory of legal ethics with two interrelated arguments: a functional argument that law deserves respect because of its capacity to settle normative controversy in a morally pluralistic society; and a normative argument that law deserves respect because democratic lawmaking processes respect the equality and dignity of citizens. This review essay questions Wendel’s move from the premise of moral pluralism to his conclusion that the function of law is to settle normative controversy in society on both practical and theoretical grounds. Practically, it argues that law lacks the capacity to …

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software-automated examination).The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an iOS device, then …

Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster

Theses: Doctorates and Masters

The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, …

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

Mothers In Prison: Maintaining Connections With Children, Sylvia Mignon, Paige Ransford

Publications from the Center for Women in Politics and Public Policy

The significant increase in the number of incarcerated women ensures that many children must live without their mothers for some period of time. Women in prison were interviewed about their efforts to maintain relationships with their children. Mail and telephone contacts were more frequent than actual visits. Almost one half of mothers had never received a visit from their children. This article identifies challenges to the development and maintenance of contact between incarcerated mothers and their children. Recommendations are made for correctional agencies to enhance opportunities for incarcerated mothers to foster positive connections with their children.

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

Edward Byrne Memorial Justice Grant, Nebraska Strategic Plan, 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska at Omaha was tasked by the Nebraska Commission on Law Enforcement and Criminal Justice to facilitate the development of a three-year strategic plan for the use of Edward Byrne Memorial Justice Assistant Grant (JAG) funds. The Crime Commission serves as the State Administering Agency that is responsible for funding projects that fit into one or more of the seven JAG purpose areas: law enforcement programs; planning, evaluation, and technology improvement programs; prevention and education programs; drug treatment and enforcement programs; corrections and community corrections programs; prosecution and …

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.

Virtue Ethics: Analysing Emotions In A Police Interview With A Crime Suspect, Ann-Claire Larsen, Michael Crowley

Research outputs 2012

Justice goes some way to being served when statements from police interviews with suspects are admissible as evidence in court. Admissible evidence confirms that the police have worked within legal constraints and satisfied universal ethical principles that appear in the police code of conduct. Conversely, when police behave improperly and an accused person walks free, police authorities have needed to placate an outraged public by promising reforms. This article explores sections of Arthurs’ case to illustrate differences between legal and illegal police conduct when interviewing a murder suspect. Parts of the interview were admissible as legal evidence; the majority was …

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …

Off-Duty & Under Arrest: A Study Of Crimes Perpetuated By Off-Duty Police, Philip M. Stinson, John Liederbach, Tina L. Freiburger

Criminal Justice Faculty Publications

The findings of independent commissions and research derived from a data-set of career-ending misconduct among New York Police Department (NYPD) officers suggests that police engage in a wide variety of crimes while they are off-duty including domestic violence, bar fights, drunk driving, burglary, and sex offenses (The Mollen Commission, 1994; Fyfe & Kane, 2006; Kane & White, 2009). The off-duty misbehavior of police is an important concern for police agencies exposed to potential liability costs, and scholars engaged in debates about whether studies on police deviance should include acts committed while an officer is technically off-duty. The problem for scholars …

The Risk Of Violence And Intimate Partner Choice Within A Risk Society, Adam J. Pritchard

Theses and Dissertations--Sociology

This dissertation examines the influence of competing risks in shaping individuals' choices about potential intimate relationships. According to Ulrich Beck's "risk society" theory, the individualization of social risks has direct and measurable consequences for the ways people organize and evaluate potential intimate relationships (Beck & Beck-Gernsheim, 1995, 2002, 2004; Giddens, 1994; Lupton, 2006). This study investigates the ways in which subjective or identity-related risks hypothesized by scholars of late modernity shape the perception and the actual risk of dating violence. Empirical research on dating violence identifies many objective “risk factors” related to a person’s chances of experiencing intimate partner violence; …

Mid West–Gascoyne District Police Officers’ Experience With The Cannabis Infringement Notice Scheme, Kara Wright

Theses: Doctorates and Masters

Cannabis is currently the most frequently used illicit drug in Australia. Research has revealed a range of health, economic, criminal and social consequences associated with the drug. The widespread use of cannabis and the consequences associated with its use has ignited strong political and social debate as to what response should be taken to minimise the harmful effects of the drug. In order to reduce the harms associated with cannabis, and in line with the national harm minimisation framework, the Western Australia (WA) Cannabis Infringement Notice (CIN) scheme commenced in 2004. The introduction of the CIN scheme as part of …

Older, Wiser, Novice: An Autoethnographic Study Of Nontraditional Students' Participation In Collegiate Forensics, Laura Kathleen Pelletier

All Graduate Theses, Dissertations, and Other Capstone Projects

There is a growing trend in nontraditional college student enrollments in the United States. Older, nontraditional students are currently the majority on many college campuses. Due to the constraints on nontraditional students' time, they are often unable to spend as much time on campus as traditional students and are unable to fully partake in campus life and socialization. Cocurricular activities, such as collegiate forensics, can be time consuming activities which for nontraditional students, especially those who have children, may seem like an impossible fit for their already busy schedules. Because college demographics continue to change and there are a growing …

Forensics And The Basic Communication Course: A New Path To Satisfying Learning Outcomes, Benjamin Walker

All Graduate Theses, Dissertations, and Other Capstone Projects

Forensic scholars have long written about the educational benefits of forensics, but very few have attempted to tie the activity to learning objectives from the curriculum. This thesis seeks to determine if collegiate forensics can offer the same learning opportunities as one of the most common and fundamental communication classes in the discipline: the basic communication course. This research uses experiential learning as a pedagogical framework for forensics in attempting to answer if forensics can offer the same learning opportunities of the basic communication course, and if so, how the activity does this and what the students actually learn. Likert …

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Latest research results
• Project and studies underway
• Research awards and distinctions
• Recent research publications

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …