Legal Studies Commons^™

Editors' Welcome, Cassandra B. Whyte Dr., Stephen Young

The Mid-Southern Journal of Criminal Justice

No abstract provided.

No One Is Above The Law: Public Perception Of Prosecutorial Misconduct's Influence On Wrongful Convictions, Amanda N. Pappas

Honors Theses

Wrongful convictions pose a large threat to the integrity of the United States criminal justice system. While there are many known causes of wrongful convictions, such as eyewitness misidentification, ineffective counsel, and false confessions, the most egregious cause is prosecutorial misconduct. According to the National Registry of Exonerations, prosecutorial misconduct has been found in roughly half of the exonerations listed in the registry. Prosecutors have a tremendous amount of power in the criminal justice system through determining plea deals, obtainment of evidence, disclosure of evidence to the defense, and many more. Studies have been conducted that reveal the occurrence of …

Amino Acid Composition Analysis As A Means To Differentiate Hair Samples From Individuals Of Similar Demographics And The Effect Of Hair Treatments, Trisha Brady

Honors Theses

Hair is a forensically-relevant exhibit due to its ability to be shed, torn, or transferred during a crime. Current forensic hair analysis includes microscopic hair comparison and mitochondrial or nuclear DNA analyses, each with limitations. Novel methods, such as those evaluated herein, have potential to complement conventional techniques. These include evaluating functional groups with infrared (IR) spectroscopy, elements with laser induced breakdown spectroscopy (LIBS), and amino acid ratios with gas chromatography- mass spectrometry (GC-MS). Hair from two demographically similar individuals was divided into three sample groups per individual: untreated, bleached, and dyed. Spectral differences between individuals and treatments were evaluated …

Evaluation Of The Effect Of The Humic Acid Inhibitor On Forensic Genetic Investigations Of Human Skeletal Remains, Madeline King

Honors Theses

Postmortem survival of DNA in human skeletal remains occurs due to the compact microstructure of the skeleton and its ability to provide a strong, protective physical barrier to environmental insults. On a molecular level, DNA preservation in bones/teeth involves electrostatic interactions between the negatively-charged DNA backbone and positively charged calcium residues in hydroxyapatite, the latter of which is one of the main components of bone microstructure. Despite these protections, over time endogenous DNA becomes damaged, limiting our ability to detect it and affecting its utility in making a positive identification. Hence, forensic genetic investigations of unidentified human remains (UHRs) are …

Race And Social Class As Factors Associated With Sentence Disparities: A Survey Of Potential Jurors, Amanda Rickett

Honors Theses

Prior research has found that bias, along with other extralegal factors, leads to the sentencing disparities in the criminal justice system throughout the United States. The criminal justice system has implemented reforms to address these disparities. Furthering research on this issue, I analyze previous studies that tried to determine the effects of bias on the decisions made by judges and juries. Most importantly, the present study aimed to determine the effects of race and socioeconomic class of the defendant on the decisions on potential jurors using a vignette based survey with randomized assignment. The results suggest that the potential jurors’ …

Fighting A Losing Battle? Countering Terrorism Financing In Nigeria And Somalia, Vesna Markovic

Justice, Law, and Public Safety Studies Department Faculty Articles

In the past decade, terrorist attacks in Africa have increased in frequency and lethality. Cutting off funding to terrorist groups is one important way to reduce these attacks. This research focuses on Boko Haram in Nigeria and al-Shabaab in Somalia. A historical overview of terrorist financing and a current outlook of the methods used by both groups are followed by a review of the literature on countering the financing of terrorism (CFT). This provides a lens through which specific government responses to financing terrorism in Nigeria and Somalia are examined. The research found that although Nigeria has made strides toward …

Extraction Of Human Dna From Soil In A Simulated Clandestine Grave, Arely Joaly Parra Lopez

Honors Theses

Locard’s Exchange Principle states that “every contact leaves a trace.” The same principle applies when a perpetrator of a homicide decides to bury a victim in a clandestine grave. If a perpetrator originally buried a murder victim in haste to prevent discovery and then decided to later move the victim’s body to a remote location for disposal, decomposition fluids from the victim’s body (which contain cellular material and therefore DNA) would remain in the surrounding grave soil at the original burial site. It is possible that investigators could: 1) prove that a human body had once laid in that location …

Introducing The Principles And Practice Of Restorative Justice: Reactions From A Generalist Audience, Grace Michels

Undergraduate Theses

Legislative activity and public opinion polling, among other indicators, suggests there is growing support for change in how our justice system functions. As the country begins to look for other tools and more knowledge of different practices, a key challenge will be bridging the gap between the public’s general support for a new path moving forward and a clear picture of what that path could look like. The goal of this project was to help propel this movement toward exploring justice alternatives forward by making this knowledge accessible and persuasive. As such, this project involved the creation of a material …

A Look Into Wrongful Conviction Within The U.S. Justice System, Isabella T. Likos

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

The United States justice system has principles in place in order to prevent wrongful convictions such as the presumption of innocence and having to prove beyond a reasonable doubt. However, even with these principles in places there are times that people are wrongfully convicted. There are multiple reasons why wrongful conviction occur, including false confessions and erroneous eyewitness testimony. Wrongful conviction impacts not only the wrongfully convicted, but their family, friends, and the victims. While wrongful convictions do happen, there are steps that can be taken going forward that can help prevent them and exonerate the wrongfully convicted.

Investigating The Use Of Saligae® To Identify Expirated Blood On Various Material, Maria Bigos

Honors Theses

Expirated bloodstains and impact bloodstains have very similar physical characteristics. The main way Blood Pattern Analysts identify bloodstains in based on their physical characteristics. This can lead to difficulty distinguishing between expirated blood and impact spatter. Expirated blood can be identified through the presence of air bubbles, however these are often only present on non-porous surfaces. However, if expirated bloodstains can be identified through the presence of saliva, this can provide an alternative way to identify expirated bloodstains. This study examined if SALIgAE can be accurately used to identify the presence of saliva in blood and thus, be a way …

First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …

From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia

Themis: Research Journal of Justice Studies and Forensic Science

Police officers were introduced in the American school system to provide White communities with a sense of safety. However, these police officers are not well trained to provide students with support and instead are trained to deal with situations with force. The implicit bias of police officers criminalizes and punishes Black, Indigenous, and People of Color (BIPOC) students unfairly. School shootings have continued to enforce the idea that officers are needed. However, this notion is untrue. Policing in schools builds a school-to-prison pipeline that is now, in the online schooling era, translating to the Zoom-to-prison pipeline, which reveals that BIPOC …

Valuing Mental Health In The Justice System, Anabel Lugo

Themis: Research Journal of Justice Studies and Forensic Science

Mental health is an issue that needs more recognition, especially within inmates and law enforcement. The mental health of incarcerated inmates, as well as law enforcement officials, has been overlooked and negatively impacted our criminal justice system. Ignoring mental health has helped create negative depictions and stereotypes about these communities. Law enforcement tends to ignore its mental health due to masculinity and police culture, feeding into the stigma that lingers around it. Although mental health has become a recurring topic in recent years, little has been done to help restore it within our justice system. Recently, there have been numerous …

Criminal Justice Update - May 2021, Haley B. Shultz

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court: Criminal Law & Procedure
• PA Supreme Court: Criminal Law & Procedure
• PA Superior Court: Criminal Law & Procedure

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

Police Homicide: Race And Ethnicity, Christine Henderson, Aimee Quinn, Charles E. Reasons, Veronica Salas, John Vinson, Brittney Warf

All Faculty Scholarship for the College of the Sciences

During the pandemic, routines were interrupted lives were changed and during this time, many individuals spent more time watching the news to learn more about how long it would take to resume normalcy. When George Floyd was murdered by four police officers, time stood still and the world watched. Outrage was immediate. The pandemic offered everyone the opportunity to witness tragedy unfold in front of them a brutality which happens every day, yet is easily ignored. This article examines the incidence of police homicides of people of color, the lack of law enforcement to seek solutions to their own internal …

Correlation Between Tooth Root Translucency, Crystallinity, And Dna Preservation In Teeth For Unidentified Human Remains (Uhr) Investigations, Paul Yount

Master's Theses

Endogenous genetic material protected by the rigid, mineralized hard tissues of bones and teeth is often targeted for forensic DNA testing in missing persons and unidentified human remains (UHR) investigations. Although standard approaches have narrowed sample selection to a few optimal skeletal elements (i.e., weight-bearing long bones, teeth), subsampling and decisions beyond this can be challenging due to the non-uniform, heterogeneous pattern of postmortem diagenesis. One particular component of skeletal microstructure — the inorganic mineral matrix [hydroxyapatite (HAp), Ca10(PO4)6(OH)2] — is purported to play a major role in DNA preservation. The potential correlation between molecular changes to skeletal microstructure and …

We Can Move Mountains: Engaging In State-Level Policy Work, Lisa M. Growette Bostaph, Melissa Wintrow

Criminal Justice Faculty Publications and Presentations

An increasing number of academic researchers are becoming involved in state-level policy work as a result of existing local partnerships or direct requests by agency directors or elected officials. Most faculty and policymakers do not receive any training in doing such collaborative work and, for each party in the partnership, it can often seem like landing on another planet or, at the very least, visiting a foreign country, with different jargon, players, and stakes. This essay provides a brief guide to navigating the world of state-level partnerships in policymaking.

Mental Health And Its Impact On The School-To-Prison Pipeline: A Look At Tennessee Schools, Briana Brady

Honors Theses

This project sought to examine if and how school-based mental health service accessibility affected long-term student interactions with the criminal justice system. The study is both quantitative and qualitative; it researched existing literature and theories on the subject matter and also sourced over 750 data points published by varying organizations and agencies. By using proxy data including school guidance counselor-to-student ratios, out of school suspension rates, and juvenile court referrals, this research tested whether or not a direct relationship existed between the number of school counselors and both out of school suspensions as well as juvenile court referrals. The findings …