Legal Studies Commons^™

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Animal Assisted Therapy On Law Enforcement Mental Health: A Therapy Dog Implementation Guide, Melena Purvis

Honors Projects

The mental health of law enforcement officers is an ever increasing problem, with our nation’s police officers seeing a constant increase in things like PTSD, depression, and other mental illnesses. However, mental health is already a highly stigmatized topic that is not commonly addressed, and a police subculture of strength and toughness just reinforces that stigma and makes it that much harder for police officers struggling with these issues to get help. This project combines innovation with research to come up with a way to try and improve the mental health of those officers struggling. It provides a manual for …

Investigation Of The History Of Fingerprinting, Advancements In The Field, And Development Of Potential Methods That Could Improve The Detection Of Endogenous And Exogenous Drugs In Latent Prints, Kristen Malloy

Honors Theses

When someone thinks of fingerprinting, they are most likely going to picture how a latent print is matched to the fingerprint of a suspect based on ridge pattern analysis. However, there is much more information that can be obtained from a latent print. The work performed in this thesis focuses the detection of exogenous and endogenous drugs in latent prints. The experiments performed analyzed fingerprints from volunteers that were contaminated with one of three common painkillers: acetaminophen, acetylsalicylic acid (ASA), and ibuprofen. Three different instruments were tested for this purpose: MALDI-MS, ATR-FTIR, and LC-MS. Based on the results gathered, it …

The Impact Of Prison Facility Characteristics On The Various Uses Of Solitary Confinement, Emily Berst

Senior Honors Projects, 2020-current

Researchers have not yet dedicated sufficient attention to the effect of prison facility characteristics on the various uses of solitary confinement. This study employs nationally representative correctional facility survey data to assess how certain prison characteristics affect the use of disciplinary segregation, administrative segregation, and protective custody. The prison characteristics include inmate total, female facility, proportion of inmates in maximum custody, proportion of black inmates, overcrowding, staff-to-inmate ratio, proportion of inmates with work assignments, and total assaults. The study also evaluates how the various forms of solitary confinement impact prison violence/misconduct. Poisson regression models suggest that the use of all …

Youtube Is Unsafe For Children: Youtube's Safeguards And The Current Legal Framework Are Inadequate To Protect Children From Disturbing Content, Heather Wilson

Seattle Journal of Technology, Environmental, & Innovation Law

For America’s children, the amount of screen time they consume has not changed much over the years. Children under eight have steadily spent about two hours a day in front of a screen, with those under age two averaging 42 minutes a day. Children from low-income families spend roughly an hour and forty minutes longer in front of a screen. According to the American Academy of Pediatrics, screen time should be limited to two hours a day for children ages two to five; whereas, for those youngest children—under two years—they recommend zero screen time.

While the average amount of screen …

Keep Kids Out Of Prison: Community-Based Alternatives For Nonviolent Juvenile Offenders, Anessa L. Pennington

Intuition: The BYU Undergraduate Journal of Psychology

Abstract

While juvenile crime has dropped over the past 20 years, tens of thousands of juvenile offenders are still incarcerated around the country, many of whom are nonviolent offenders. Researchers have found that detention centers, sometimes indistinguishable from adult prisons, do little to reduce recidivism and rehabilitate the offender. Rather, detention brings about more adverse effects than it does benefits. If incarceration isn’t working, how are the United States and other countries to deal with and deter juvenile crime? Community-based programs are a promising alternative to incarceration; instead of jumpsuits and cramped cells, community-based programs rely on community resources and …

Small Island Taphonomy In Western Australia, Courtney J. Newberry

Honors Theses

Forensic death investigations rely on postmortem interval estimations to establish a timeline surrounding a decedent’s death. Several methods are used, often together, to make such estimations. One of the main methods is the evaluation of the stage of decomposition; although decomposition follows the same general steps, the length of the process can vary by location and environmental factors. Animal scavenging can also impact decomposition by consuming flesh and impacting insect activity on the remains.

This study investigates the scavenging guilds and rate of decomposition of pig (Sus scrofa) legs on Rottnest Island, Australia. Three sites with unique environments were selected …

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …

Invisible Harm: Verbal Sexual Coercion Among College Students, Char Chezanne

Themis: Research Journal of Justice Studies and Forensic Science

This paper provides a review of literature and research on verbal sexual coercion on college campuses by focusing on heterosexual dynamics. The studies involved explore the factors that influence sexually coercive behavior, including parenting styles, heteronormative beliefs, and risk-taking behaviors. Furthermore, this paper reviews current informal and formal responses to campus sexual coercion by focusing on the overlooked power dynamics that influence sexual consent. This paper concludes that restorative justice serves as an alternative to traditional justice for campus-based sexual coercion because of its flexibility and applicability to nuanced sexual assault cases.

Frequency Of Lip Print Patterns Among Females And Males At San Jose State University, Daniela Zopiyactle

Themis: Research Journal of Justice Studies and Forensic Science

Lip prints have distinct forms of wrinkles and grooves unique to an individual much like fingerprints, footprints, and palm prints. Cheiloscopy, or the study of the grooves and wrinkles on the labial mucosa, helps classify, document, and evaluate lip print patterns. This article utilizes cheiloscopy to analyze students from the San Jose State University population; including 25 participants: 15 females and 10 males of ages between 18-45 years. Print collection utilized a matte lipstick, evenly applied on the lip, to create an impression using tape and white bond paper. Then, using the Suzui and Tsuchihashi method, researchers classified the lip …

Gun Control In America: A Global Comparison, Lee Spieller

Themis: Research Journal of Justice Studies and Forensic Science

The United States has a high number of gun-related deaths compared to the rest of the world. Many approaches attempt to help mitigate these deaths, but few have proven ultimately successful on a national level. The purpose of this paper is to establish the need for gun reform by determining the relationship between guns and fatalities and covers how the US and foreign countries approach gun control. More specifically, this paper will examine each of the different approaches: firearm access restrictions, licensing restrictions, carry restrictions, and issuing parameters for concealed weapon permits. This examination will include firearm homicide rates as …

Current Applications And Limitations Of Forensic Entomology, Helena Volckaert

Themis: Research Journal of Justice Studies and Forensic Science

Forensic entomology is the study of arthropods concerning their application in crime scene investigation as a method of predicting postmortem interval (PMI) in deceased or missing individuals. PMI is determined by the life stage of insects present on-scene. Insects used in criminal investigations are primarily beetles, flies, or moths; this may also include various scavenging insects and hitchhiking mites. These creatures help colonize decayed tissue, providing crime scene personnel with live specimens collected and examined for biological evidence. Forensic entomology is currently a niche application in most investigations—as qualified entomologists are often needed—and proper analysis of collected evidence can be …

The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid

Themis: Research Journal of Justice Studies and Forensic Science

Current feminist and anti-rape movements in the United States seek to amplify the voices of women regarding sexual assault. Unfortunately, within this amplification, the voices of Black women are often excluded, which is a direct effect of historically ignoring the abuses of Black women and rarely ever bringing their abusers to justice. These injustices, often committed by white men and perpetuated by white women, create a destructive rhetoric in stereotyping Black women while also silencing them throughout modern movements, especially those of feminist and anti-rape causes. This essay will examine the consequences of three problematic aspects of US history and …

Qualitative Analysis Of Luminol Efficacy On Bleach-Cleaned And Paint-Concealed Blood, Adam Wykoff

Themis: Research Journal of Justice Studies and Forensic Science

The presence of blood at a crime scene can provide investigators with a treasure trove of information regarding the nature and circumstances of a particular crime and aid in crime scene reconstruction; however, attempts at concealing blood are common scenarios. The development of chemiluminescent and fluorescent-based presumptive tests, such as the luminol and fluorescein tests, have made it more challenging to definitively remove or mask blood on a surface. The purpose of this experiment was to qualitatively measure the overall efficacy of luminol, concerning its ability to positively detect small bloodstains found on common household floor surfaces (wood, carpet, and …

Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe

Undergraduate Theses and Capstone Projects

Studies have shown that in the past fifteen years, the number of people jailed in the United States has sharply increased, thereby continuing the upward trend of incarceration that erupted in the 1980s. Jail populations are steadily increasing; yet, in the past fifteen years, the number of people convicted of crimes has stayed the same. The reason for this phenomenon: individuals are forced to remain in jail not because they are deemed a threat to public safety, but because they cannot afford the cost of bail. This system has drastically deviated from its original purposes and now destroys lives by …

The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi

Themis: Research Journal of Justice Studies and Forensic Science

The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …

An Empirical Examination Of Courts Of Appeals Judges’ Voting In First Amendment Retaliation Cases Involving Police Officers, Mary Ann Boyd

Criminology & Criminal Justice Theses - Archive

The impact of judicial ideology on voting in First Amendment decisions has been the subject of many empirical investigations in U.S. Courts of Appeals and District Courts. However, little attention has been devoted to studying how ideology impacts voting in First Amendment retaliation claims brought by law enforcement officers against their departments. This study is designed to fill this gap in the literature. Judges must consider and balance the right of public employees to exercise individual self-expression and autonomy while also safeguarding the rights of public institutions that provide necessary services to the public (Tsesis, 2015). Often the lines can …

Forecasting Success: Using The Texas Risk Assessment System To Predict Early Discharge In A Large Sample Of High, Moderate, And Low Risk Offenders, Carley Rene Shelton

Criminology & Criminal Justice Theses - Archive

Little is known regarding predictive factors that contribute to adults successfully completing felony probation—particularly those who are granted early release. The current study attempts to fill this gap by analyzing data from a large, urban, community supervision and corrections department to examine what predictive factors—as identified by the Texas Risk Assessment System (TRAS) impact successful early release from adult felony probation. Results from multivariate logistic regression models revealed that the TRAS domains of criminal history and education/employment were significant predictors of early dismissal from felony community supervision as was the total TRAS risk score. Additionally, being male and black significantly …