Legal Studies Commons^™

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

People And Power: Person-First Language Usage And The Criminal Justice System, Casey E. Orr

Amplify: A Journal of Writing-as-Activism

Language is power. Word choice and terminology, especially those referring to people, are expressions of societal norms and institutional power. Dehumanizing crime-first terms and labels are abundant and common in criminal justice contexts despite being protested by system-involved individuals and activists. Instead, many advocate for person-first terms wherein identifying language emphasizes an individual’s humanity. With a peace-focused anthropological framework, this paper presents the case for person-first language in criminal justice contexts. It is evident that adopting first-person language usage regarding the criminal justice system is necessary after analyzing and considering the multiple sources, such as the voices of those who …

Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald

Genocide Studies and Prevention: An International Journal

This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …

Law Enforcement Recruitment, Why It Matters, And Key Management Decisions, Part Two, Patrick Oliver

History and Government Faculty Publications

No abstract provided.

Online Radicalization Case Study Of A Mass Shooting: The Payton Gendron Manifesto, Daniela Peterka-Benton, Bond Benton

Department of Justice Studies Faculty Scholarship and Creative Works

On May 14th, 2022, 18-year-old Payton S. Gendron of Conklin, New York, drove his car more than 200 miles to a predominantly black neighborhood in Buffalo, New York. At around 2:30 p.m., Gendron arrived at a Tops supermarket wearing body armor, tactical gear and a helmet with a video camera attached. He utilized the camera to livestream the event and carried an AR-15 semi-automatic rifle because of its proven deadly nature. He began firing his assaultrifle in the parking lot of the supermarket, killing three victims. He then went inside the store where he killed a security guard and nine …

A Historic Review Of Community Policing & The Implementation Issues We Have Faced, Emily Bell

University Honors Theses

Community Policing has existed around the world for decades, despite becoming increasingly popular in the later 1990s and early 2000s in the United States. There have been multiple ways that the United States has tried to implement community policing, which this paper will review. Starting in the 1960s when the 12th street race riots caused Lyndon B. Johnson to publish government reports calling for an overhaul of policing and an increased focus on community relations, and looking all the way to 2014, when President Barack Obama created the Task Force on 21st Century Policing, which also put out a report …

The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra

Doctoral Dissertations and Projects

This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …

Good State, Bad State: Gender, Multiculturalism And Religious Law In India, Rina V. Williams

Future Journal of Social Science

What role(s) can the state play when cultural rights come into conflict with women’s rights? This article compares conceptions of the state in the normative literature against two empirical cases of multicultural debate in modern India: Islamic law in the 1980s and Hindu law in the 1950s. I find that three conceptions of the state found in the normative literature—oppressive, facilitative, and vacated states—are only partially supported in the empirical cases, which proffer some support for the state as oppressive, but little or none for the state as facilitative or vacated. They also indicate a fourth model …

Pathways To Offending: Domestic Sex Trafficking, Julie Williams

Dissertations

Multidisciplinary professionals across criminal justice, public policy, education, and health and

human services have all attempted to understand the complex phenomenon of sex trafficking to assist victims, correct offenders, and prevent future abuse. However, current research has struggled to agree on terms, definitions of terms, best measures of prevalence, and recommendations to address sex trafficking in the United States. This review of current literature aims to offer a synthesized framework to conceptualize domestic sex trafficking perpetrator behaviors (what they do), their uses of force, fraud, and coercion (how they do it), and their motivations and justifications/rationalizations for those behaviors (why …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Open Fire: The Expansion Of 9mm Hollow Point Bullets In Relation To Tissue Thickness, Abigail Wilson

Student Theses

Bullets can be broadly differentiated into jacketed and unjacketed groups. Jacketed ammunition can be further broken down based on the bullet’s design, one of which is hollow points. This research examines a representative brand of jacketed hollow point bullets used in a common caliber cartridge, the 9mm Luger. A jacketed hollow point bullet is designed to expand when it encounters a viscous medium such as tissue. This experiment simulated tissue using ballistic gelatin and simulated skin using a chamois overlay. As a positive and negative control, a series of bullets were fired into a full-size block of gelatin to achieve …

The Relationship Between Sexting Behaviors And Image-Based Sexual Abuse (Ibsa): Does Sexting Predict Ibsa?, Seunghye Yang

Student Theses

With development of technology, Image-Based Sexual Abuse (IBSA), a new type of sexual abuse, has emerged. It is defined as nonconsensually creating nude or sexual images of others; nonconsensually distributing nude or sexual images of others; and threatening to distribute nude or sexual images of others (Henry & Flynn, 2019; Powell et al., 2019). As this is a relatively new phenomenon, risk factors for IBSA are not yet well understood. It has been suggested that sexting may be a risk factor for IBSA as the two behaviors share some common characteristics. For example, both sexting and IBSA involve sending or …

Extraction Of Challenging Forensic Samples Using The Microgem Dna Extraction Kit, Falyn R. Vega

Student Theses

In forensic science, DNA extraction can be a tedious and resource-intensive process. Extraction with Proteinase K is an industry standard but has its drawbacks, such as requiring multiple ionic detergents and washing steps. MicroGEM has developed a new enzyme called forensicGEM that is temperature-dependent and compatible with mesophilic enzymes, offering complete DNA extraction in about 20 minutes in a single tube, limiting contamination, loss of sample, and working time. ForensicGEM can extract DNA from highly degraded samples, potentially leading to more complete STR profiles. Highly degraded tissue and bone samples were collected and extracted with the forensicGEM …

Identification Of Different Hair Dyes In Dyed Hair Using Attenuated Total Reflectance (Atr Ft-Ir), Surface Enhancing Raman Spectroscopy (Sers) Techniques, Nicholas Lovera

Student Theses

This investigation compares the ability of Attenuated Total Reflection Fourier Transfer Infrared Spectroscopy (ATR FT-IR) and Surface Enhance Raman Spectroscopy (SERS) to identify and differentiate different hair dye brands on dyed hair samples. Hair is a common type of trace evidence found at crime scenes and can provide numerous information through forensic hair analysis. Cosmetic hair treatment such as dying the hair different colors has grown and became popular, thus it can be a very common type of trace evidence. This study can provide a forensic scientist an additional method for analyzing dyed hair samples. The goal was to compare …

Dna Shedding Propensity And Individual Characteristics, Genesis Echavarria

Student Theses

This study attempted to correlate individual biological characteristics to the amount of DNA recovered from a person’s hands (representative of shedding propensity). We used adhesive D-Squame tape to collect DNA from the fingers of more than 100 volunteers with and without controlled activity after handwashing. Two no-activity samples were taken after 30 min from the non-dominant hand and two samples from the dominant hand were collected after 60 min of controlled activity. Involuntary touches during the 60-min activity period were counted. All samples were extracted for DNA, quantitated, and genotyped to detect mixtures. Skin measurements for hydration, sebum, and melanin …

Attorneys’ Questions About Time In Criminal Cases Of Alleged Child Sexual Abuse, Mckenna N. Cameron

Student Theses

In cases of alleged child sexual abuse, information about the timing of events is often needed to establish a timeline, determine specific charges, or establish witness credibility (Lyon et al., 2017). However, past developmental laboratory research has demonstrated that children struggle to provide accurate and reliable testimony about time, and there is currently a lack of field research examining how attorneys actually question child witnesses about time in court (Friedman, 1991; Wandrey et al., 2012). The current study analyzed 73 trial transcripts from cases of alleged child maltreatment containing a child witness between the ages of 5 to 17 years …

The Punitive Laboratory Of Neoliberalism: A Cross-National Examination, Beth A. Fera

Dissertations, Theses, and Capstone Projects

A large body of research has been produced to explain global punitive trends in recent decades. Neoliberalism, an economic philosophy expressed by market deregulation, privatization, and the retrenchment of social supports, has been offered as an explanation for increases in cross-national punitiveness. According to neoliberal penality theory, neoliberalism has shifted principles guiding punishment practices and the treatment of offenders, which has resulted in harsher national responses to crime. However, many tenets of this theory have not yet been tested empirically. Drawing heavily on propositions from neoliberal penality, group-threat, and penal populism literature, this dissertation examines the relationship between economic shifts, …

A Statewide Analysis Of The Impact Of Restitution And Fees On Juvenile Recidivism In Florida Across Race & Ethnicity, Alex R. Piquero, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

Whether the imposition of monetary sanctions is related to juvenile recidivism is explored overall and across race and ethnicity. Leveraging a statewide sample, logistic regression was used to predict fees and restitution assignment based on youth/case characteristics, hierarchical linear and logistic random-effects regression examined the association between neighborhood characteristics with fees and restitution, and propensity score matching examined whether fees and/or restitution are related to reoffending. No race/ethnic differences were found in the proportion of youth receiving court fees, yet when fees were administered both black and Hispanic youth received higher fees. Neighborhood characteristics have minimal impact on whether (or …