Legal Studies Commons^™

Technologically Distorted Conceptions Of Punishment, Jessica M. Eaglin

Articles by Maurer Faculty

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial — meaning statistical — assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technology to society in order to reframe debates. It asserts that sentencing technologies subtly change key social concepts that shape punishment and society. These same conceptual transformations preserve problematic features of the sociohistorical phenomenon of mass incarceration. By connecting technological interventions and …

Jail Administrators' Compliance With The Prison Rape Elimination Act, Leone M. Lee

Walden Dissertations and Doctoral Studies

Correctional institutions across the United States continue to experience prisoner sexual assault despite the enactment of the Prison Rape Elimination Act of 2003 (PREA). The purpose of this correlational study was to examine the association between jail administrators' difficulty complying with the PREA and their transformational leadership styles. The theories of punctuated equilibrium theory and general strain theory formed the theoretical framework of the study. The data were collected through an Internet-based survey from 22 local and regional jail administrators from the East Coast. Data analysis using Pearson's correlation coefficient was performed on leadership scores to test the hypotheses. There …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

Annual Report 2019, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in the 2018-2019 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as law …

Optimizing Methods For Separation Of Adhesive Tape From Fabrics And Obtaining Latent Prints From Adhesive And Non-Adhesive Sides, Elizabeth Vosburgh

Forensic Science Theses

Fingerprinting is a valued part of forensic science analysis. It has been around for decades, and has advanced with the passing of time. There have been numerous studies of the different ways analysts have encountered fingerprints in the field—but none on those deal with the removal of tape from fabric. To investigate this, eight fabric types (a cotton/polyester mix, spandex, denim, jeans, fleece, flannel, polyester, and vinyl), three commercially available tapes (duct tape, black electrical tape, and packaging tape), have been stuck together and separated with four different techniques (manual pulling apart, Un-Du commercial adhesive remover, liquid nitrogen, and a …

The Long Wait For An Improbable Death: A Look At Delays In Executions In Kansas And Possible Reforms To Capital Punishment, Amy M. Memmer, Melanie K. Worsley, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

This article uses Kansas as a case study to show how in Kansas, as in many other states in the United States, the execution of a death sentence is so improbable, and the delays that precede it so extraordinary, that any arguable deterrent or retributive effect capital punishment might once have had has been severely diminished. This article considers possible reforms to the capital punishment system aimed at reducing the delay between sentencing and execution, and the risks that would accompany those reforms. This article also considers whether capital punishment should still be considered a viable option for states in …

Get Out Of My Driveway! Collins V. Virginia Protects Curtilage From Being Trampled By The Automobile Exception, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications (Archived)

In Collins v. Virginia (2018), the U.S. Supreme Court held that the automobile exception cannot justify a warrantless search of an automobile parked in a home’s curtilage because the automobile exception pertains solely to the search of the automobile, not to the intrusion upon the Fourth Amendment privacy interest in the home’s curtilage. After giving an overview of relevant Fourth Amendment jurisprudence concerning the curtilage doctrine and the automobile exception as well as the history of the exclusionary rule, this article examines the majority, concurring, and dissenting opinions in Collins and discusses the implications of this important decision. Collins …

Does Insider Trading Pay? An Analysis Of Trading And Tipping Activities In Insider Trading Litigation, Aneta Spaic, Claire Nolasco, Lily Chi-Fang Tsai, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Purpose

This paper analyzes trading and tipping activities in insider trading litigation decided by federal courts from January 1, 2012 to December 31, 2014.

Design/methodology/approach

Legal documents from the US Securities and Exchange Commission, LexisNexis and Westlaw databases were coded to determine profile, patterns of trading and settlement outcomes.

Findings

Results of statistical analysis indicate that a defendant in both civil and criminal cases is more likely to trade on the information when he/she receives a direct, financial benefit from breaching his/her duty of confidentiality. The defendant tipper is also more likely to pass on the information to a close …

All Things Considered: Child Custody After A Same-Sex Dissolution Of Marriage, Alissa M. Williams

Honors Undergraduate Theses

Following the decision rendered in Obergefell v. Hodges, there have been unabating talk as to how courts may rule on disputed matters involving same-sex marriages. One specific aspect this thesis intends to focus on is what to expect from custody rulings following dissolutions of same-sex marriages. The purpose of this thesis is to interpret just how courts may rule regarding child custody in same-sex divorces, based on the concept of stare decisis. Given the fresh face of marriage equality in America, there is a lack of research done in the area. This thesis will serve as a substructure and reference …

The Honorary White Population: Fighting For Self-Identification, Reina E. Chehayeb

Honors Undergraduate Theses

The intent of this thesis is to explore the history of classification of Arab-Americans within the United States, showcase how Arab-Americans have encountered systematic racism, and give reasons why Arab-Americans should be able to self-identify. Currently, according to the Census definition, Middle Easterners fall under the "White" category. This is a misrepresentation of Middle Easterners as they should be considered a minority in light of societal treatment and policies set forth by policy makers. Even though much research has been conducted by the Census, they have elected to withhold the Middle Eastern or North African (MENA) category from the 2020 …

Adult Justice In Nebraska 2019, Nebraska Center For Justice Research - University Of Nebraska At Omaha

Reports

The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system.

Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 (Douglas County) and …

Vocational & Life Skills Quarterly Report: Grant Cycle 3, Quarter 2 October-December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 2 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snap shot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service …

Vocational And Life Skills Monthly Data Update: January 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist

Political Science Theses and Capstones

Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of …

Exploring Locus Of Control In Offender Cognition And Recidivism Paradigms, Anistasha Lightning, Danielle Polage

All Master's Theses

Working with four Washington State county jails to administer surveys to currently incarcerated inmates, we investigated locus of control and beliefs in the likelihood of continued legal involvement as possible antecedents to criminal recidivism. The surveys examined whether there was any connection between legal involvement frequency and the externalization of locus of control. We investigated external locus of control with specific respect to involvement with the law, the prospect of future incarceration, and feelings concerning the overall cause of original and/or sustained legal involvement utilizing the Revised Causal Dimension Scale (McAuley, Duncan, & Russell, 1992). We identified statistically significant interactions …

Marijuana Legalization And Traffic Fatalities Involving Cannabinoids, Mark Lewn Hake

Walden Dissertations and Doctoral Studies

Washington State and Colorado were the first states to legalize recreational marijuana. According to the Washington Traffic Safety Commission, the number of drivers who tested positive for marijuana in traffic fatalities increased 48% from 2013 to 2014, and marijuana legalization may have influenced this increase. Since marijuana legalization is new to the United States, the effects of this change in policy are untested in the literature. The purpose of this quantitative study using a regression point displacement design was to examine the relationship between traffic fatalities involving cannabinoids in Washington State before and after marijuana legalization. Rational choice theory and …

Reintegration Process Of Previously Incarcerated African American Women Older Than 50 Years, Eva Carol Brent

Walden Dissertations and Doctoral Studies

Successful reintegration of ex-offenders is difficult for most, evidenced by high recidivism rates. Ex-offenders face a broad range of obstacles once released from prison, including personal, social, and employment barriers. This study was an examination of the issues that contributed to a successful or unsuccessful reintegration as reported by ex-offenders. Participants included 10 ex-offenders who participated in interviews regarding the conditions that they believed were necessary for successful community reintegration. The conceptual framework for this study came from the ecological perspective, also known as the person-in-environment theory. Data collection involved one-on-one interviews with the participants. Data analysis was conducted through …

Survey Of U.S. Undergraduate Self-Reported Opioid Diversion And Heroin Use, Motives, Sources, And Collective Efficacy As Mediating Factors, Mark Francis Plaushin

Walden Dissertations and Doctoral Studies

Epic morbidity and mortality, and intractability make prescription opioid diversion a wicked problem. Meanwhile, college undergraduates are vulnerable to opioid misuse and its consequences. The purpose of this quantitative study was to assess U.S. undergraduate students' opioid misuse and the relationship between mediating factors. The study's theoretical framework rested on Wakeland's et al. opioid system model and Shaw and McKay's social disorganization theory. This study bridged the gap, measuring collective efficacy and testing its relationship to undergraduate decisions to regulate misuse. Thus, research questions focused on gauging the problem's scope and assessing relationships between factors that drive or potentially regulate …

Quantitative Analysis Of Xylene Mixtures Using A Handheld Raman Spectrometer, Lauren Reilly

Honors College Theses

No abstract provided.

Analysis Of Over-The-Counter Antihistamines Through Raman Spectroscopy And Density Functional Theory Calculations, Lyric Wyan

Honors College Theses

No abstract provided.