Other Legal Studies Commons^™

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

The Under-Prosecution Of White-Collar Crime, Joseph Whalen

Honors Program

White-collar crime comprises nonviolent, financially motivated offenses by individuals and corporate entities. The social costs are immense, yet the prosecution of such crimes is comparatively small compared to other forms of non-violent crime, often resolving with opaque settlements rather than prosecution. This study examines why under-prosecution is so prevalent in white-collar crime, how it undermines democratic trust, and what reforms could be implemented to improve accountability. Under-prosecution will be operationalized through a mixed-methods design, accounting for the most observable proxies. First, the share of filings involving white-collar offenses; second, the prevalence of deferred or non-prosecution agreements (hereinafter referred to as …

“Cry Harder!”: How Parents Traffic Their Children Through Forced Child Begging And Child Labor, Abigail K. Bellocchio

Sociology and Criminology Undergraduate Honors Theses

This thesis examines the complex intersection of socioeconomic and cultural factors influencing forced child begging, a form of human trafficking, across different global regions. Through comprehensive literature analysis and examination of data from the Global K-anonymized Dataset from Counter-Trafficking Data Collaborative (2021), this research reveals a critical gap in human trafficking discourse: the absence of a unified definition and understanding of forced child begging. Despite affecting millions of children worldwide, forced child begging remains fragmented in academic literature, scattered across disciplines including child welfare, anthropology, and media studies rather than being centrally addressed in anti-trafficking frameworks. The research identifies that …

Barriers In Reporting Sexual Violence On College Campuses, Amber Hartman

Honors Theses

This thesis is designed to examine the underreporting of sexual violence on college campuses by exploring the systemic, cultural, and logistical barriers that hinder victims from disclosing their assault. Using both qualitative and quantitative methodologies, the research identifies three overarching influences for non-reporting. Fear, shame, and lack of resources are presented as the basis of the decision that victims make to not report. Meta-analysis of the research concludes that there is a profound impact of internalized victim-blaming narratives, fear of repercussions and institutional deficiencies in providing accessible support. Recommendations for solutions emphasize creating trauma-informed policies, improving communication and accessibility of …

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

English Faculty Articles and Research

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

The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald

Psychology Student Papers and Posters

Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

Predicting Suicidal And Self-Injurious Events In A Correctional Setting Using Ai Algorithms On Unstructured Medical Notes And Structured Data, Hongxia Lu, Alex Barrett, Albert Pierce, Jianwei Zheng, Yun Wang, Chun Chiang, Cyril Rakovski

Mathematics, Physics, and Computer Science Faculty Articles and Research

Suicidal and self-injurious incidents in correctional settings deplete the institutional and healthcare resources, create disorder and stress for staff and other inmates. Traditional statistical analyses provide some guidance, but they can only be applied to structured data that are often difficult to collect and their recommendations are often expensive to act upon. This study aims to extract information from medical and mental health progress notes using AI algorithms to make actionable predictions of suicidal and self-injurious events to improve the efficiency of triage for health care services and prevent suicidal and injurious events from happening at California's Orange County Jails. …

Standing Trans Before The Law, Kyla Bender-Baird

Dissertations, Theses, and Capstone Projects

In the 1960s, trans people in the United States began asserting their rights, petitioning courts for name changes, updating sex markers on birth certificates and other identity documents, and confirming whether their marriages were legal. However, it was not until the mid-2000s that courts began recognizing trans discrimination claims. While trans people enjoyed numerous legal inroads under the Obama administration, within its first two years, the Trump administration had effectively reversed these legal gains. Being vulnerable to the political winds contributes to a feeling of legal precarity, which, in turn, shapes how trans people think about and approach the law. …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …

Kiss Of Love Campaign: Contesting Public Morality To Counter Collective Violence, Sonia Krishna Kurup Miss

Peace and Conflict Studies

The paper studies the immense opposition to a nonviolent campaign against the practice of moral policing in Kerala to understand the dominant spaces, collective identities, and discourses that give shape to the outrage of public morality in India. The campaign through its politics specifically targeted rightwing and political groups as well as socially embedded familial and institutional structures that exercise control over individuals through patriarchal regimes. The adverse reaction to the campaign revealed that collective aggression or violence can be used to impose majoritarian values and exert social control through the authority of public morality and everyday acts of moral …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared to those …

A Venue To Grow: Researching Professional Growth In The Collaborative Courts Of The Northern District Of California, Wyatt Lim-Tepper

Master's Projects and Capstones

This study examines the professional growth of collaborative court staff in the Northern District of California (NDCA). First, it sets forth a background that reviews the history of collaborative courts and details the development, purpose and structure, and current processes at the federal level. Second, the researcher describes the framework of the NDCA as an institution and further identifies the stakeholders who participate in the NDCA’s two collaborative courts: the Reentry Court and the Conviction Alternatives Program (CAP). Third, the study reviews the literature on professional growth in the legal field, education and academia, and public-health fields. Fourth, this paper …

Media Killed The Serial Killer Star, Brooke Ingala

Criminal Justice

This work examines the influences the media had in the “serial killer era” of the late 1960s into the late 1980s. While serial killers have made headlines in America since the 1896 capture of H. H. Holmes (Brown et al, 2015), the two-decade long hangover after the 1960s brought a rise of these violent offenders the likes of which had never been seen (Aamodt, M. G. 2016). This work defines the era as beginning with the Manson murders in 1969 and ending with the Columbine high school massacre of 1999 (Aamodt, M. G. 2016). This research explores the …

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …

The Stigmatization Of Individuals Convicted Of Sex Offenses: Labeling Theory And The Sex Offense Registry, Carla Schultz

Themis: Research Journal of Justice Studies and Forensic Science

The sex offender registry currently lists over half a million U.S. citizens as sex offenders. Modern day legislation directed toward sex offenders was born in an era of public fear and rash decision-making. Terrible consequences have since been identified as resulting from the labeling of sex offenders via the registry. These unintended consequences socially, economically, and psychologically influence the lives of sex offenders. Labeling theory states that individuals who are given a label eventually subscribe to that label; in other words, it becomes a self-fulfilling prophecy. In the case of sex offenders, this can only mean more damage to society. …

Ethics And The Use Of Coercion In The Treatment Of Psychiatric Patients, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

Involuntary psychiatric treatment occurs under such conditions as the medicating or placing in treatment facilities of patients without their consent. Such involuntary treatment has been litigated in the Supreme Court; however, the Court’s rulings have been applied to incarcerated persons, with the notable exception of the 1975 ruling in O’Connor v. Donaldson, a case argued as a civil rights violation. Using O’Connor v. Donaldson as a framework, this paper argues that forcing non- violent psychiatric patients to take medication, or be otherwise treated against their will, is an unethical practice and must be discontinued. This practice of forcible treatment violates …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

The Californians Against Sexual Exploitation (Case) Act: A Case Study In Policy Advocacy, Bailey Mannisto-Ichés

Capstone Collection

In any given year in the United States of America at least 100,000 domestic youth are sexually exploited through the commercial sex industry. Current national and state laws do not adequately protect these children from being groomed, pimped, and exploited over and over again in their young lives. A majority of these children are trafficked from, into or within the nation’s most populated state of California. In 2003 the FBI identified three of the country’s 13 high-­‐intensity child sex trafficking cities as being in California. The cycle of violence these children endure is not being brought to justice through the …

Broken Windows, Police, &Traffic Safety, Carol Servino

Graduate Research Symposium (2010 - 2017)

Abstract This research explores application of the “broken windows” theory of public disorder and urban decline to the pattern and problem of police officer fatalities in motor vehicle crashes. It contextualizes the influential theory into a 45-year timeline of significant events related to legislative efforts and traffic safety behavioral safety programs in the United States. It finds one police agency that reported fewer crimes and fewer crashes after implementing a community-wide Safe Streets program designed around “broken windows” theory in 1997. It pays particular attention to states with the highest percentages of law enforcement officer fatalities in motor vehicle crashes, …

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …