Legal Studies Commons^™

Executive Order 13492: Legal Borderlands, Laura Diaz

Themis: Research Journal of Justice Studies and Forensic Science

On January 22, 2009, newly inaugurated President Barack Obama implemented Executive Order 13492. The order refers to the legal disposition of detainees at the Guantánamo Bay Naval Base and the termination of the detention center. The Executive Order lists five possible options to close Guantánamo Bay and to otherwise try and place current prisoners elsewhere: prosecution under military law, prosecution under federal law, permanent detainment, deportation and release. Still, Guantánamo Bay remains open. Guantánamo detainees exist in a legal limbo without formal charges and trial. Executive Order 13492 was created to place them elsewhere and close the detention center.

Applications Of Forensic Evidence In Criminal Cases, Emily Wheeler

Themis: Research Journal of Justice Studies and Forensic Science

In 2003, Massachusetts governor Mitt Romney proposed a plan for an infallible death penalty that required irrefutable scientific evidence, effectively removing any doubt regarding potential innocence in death penalty cases. Forensic science encompasses many scientific disciplines including natural sciences and pattern analysis, but not all such areas experience equal amounts of general acceptance or influence in criminal cases. While DNA analysis and fingerprint identification using the Integrated Automated Fingerprint Identification System (IAFIS) are both widely accepted forensic applications, recent events expose concerns regarding the authenticity of other disciplines such as hair and bite mark comparison. Before policymakers address the issue …

Not Yet Legal And In Prison?, Araseli Saldivar

Themis: Research Journal of Justice Studies and Forensic Science

The United States is the only industrialized country that

sentences individuals to spend the remainder of their lives in

prison for a crime they committed before the age of eighteen.

The justice system established the sentencing of juveniles to life

in prison without the possibility of parole to deter juvenile

delinquency. Life without parole was regarded as an appropriate

punishment following the rise of juvenile crime during the 1980s

and 1990s. However, as psychological differences between

juveniles and adults became more prominent, society began to

regard life without the possibility of parole as a cruel and

unusual punishment. Although some …

A Prison Of Education: The School-To-Prison Pipeline In Low-Income Schools, Adam Le

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the relationship between prisons and education in American culture, comparing public schools in California cities to wealthier private schools. The essay critiques the American dream’s notions of social stratification and success of the individual in racialized areas. The first section compares funding disparities between education and prison and argues that while funding is an integral part of the inner-city’s problem, the curriculum itself is ineffective. The second section takes a closer look at differences in the curricula and educational settings of an inner-city school and a private school. It offers ethnic studies in secondary education as a …

Human Cattle: Prison Overpopulation And The Political Economy Of Mass Incarceration, Peter Hanna

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the costs and impacts of prison overpopulation and mass incarceration on individuals, families, communities, and society as a whole. We start with an overview of the American prison system and the costs of maintaining it today, and move on to an account of the historical background of the prison system to provide context for the discussions later in this paper. This paper proceeds to go into more detail about the financial and social costs of mass incarceration, concluding that the costs of the prison system outweigh its benefits. This paper will then discuss the stigma and stereotypes …

Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton

Themis: Research Journal of Justice Studies and Forensic Science

California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.

The Utilization Of Mobile Technology For Crime Scene Investigation In The San Francisco Bay Area, Marc Logrande

Themis: Research Journal of Justice Studies and Forensic Science

The research presented aims to explore factors affecting the decision to adopt a mobile crime scene investigation application in police departments throughout the San Francisco Bay Area. To accomplish this goal, the mobile technology acceptance model was used in designing a survey for data collection. This model utilizes four categories to interpret the factors that influence a police officer’s decision to accept or reject mobile technologies: performance, security and reliability, management style, and cognitive acceptance. Nine police departments were sampled through a series of in-person and over-the-phone interviews to obtain data regarding factors affecting the adoption of a mobile crime …

Beyond Dna: Epigenetics And Proteomics In Forensic Science, Diane F. Eilerts

Themis: Research Journal of Justice Studies and Forensic Science

The use of genetic evidence in criminal cases is well established and has improved the public opinion and credibility of forensic science. However, several shortcomings associated with current genetic profiling techniques exist. Scientific research aimed at increasing the overall knowledge and understanding of biological factors will lead to the development of methods capable of improving the discriminating power of DNA evidence, overcoming limitations associated with DNA evidence, or complementing current methods of DNA profiling. Increased research in the fields of epigenetics and proteomics are particularly promising and relevant to forensic science. Research suggests that epigenetic biomarkers can be used to …

Parental Substance Use And The Need For Family Dependency Treatment Court In Taylor County, Rebekah Rich

Electronic Theses and Dissertations

The impact of parental substance use and the need for Family Dependency Treatment Court in Taylor County are qualitatively explored and described, analyzing interviews of identified key informants. The areas explored are the current practices and process in Taylor County when a substance use issue is identified in a parent during a child welfare case, the impact of parental substance use on the child welfare system, knowledge and opinions regarding treatment options, and knowledge and opinions of Family Dependency Treatment Court. The sample size was 8 professionals who worked as attorney ad litems, Department of Family and Protective Services workers, …

Race, Neighborhood Context, And Drug Enforcement: A Mixed-Method Analysis Of Racial Disparities In Drug Arrests, Shytierra Gaston

Dissertations

Black-white racial disparities in drug arrests are large and longstanding in the U.S. criminal justice system, as black Americans are arrested for drug offenses at a rate nearly five times the rate of white Americans. Because drug offending data mostly show that blacks are no more likely than whites to use or sell drugs, racial disparities in drug arrests appear to be attributable to factors other than drug offending. This dissertation assesses whether neighborhood contextual factors can explain racial disparities in drug arrests across St. Louis neighborhoods between 2009 and 2013. Using mixed methods, the quantitative and qualitative components test …

Expanding Coercive Mobility Theory: Women's Forms Of Capital And Neighborhood Social Control, Jaclyn Marie Cwick

Dissertations

This dissertation proposes a gendered theory of coercive mobility, synthesized from the collateral consequences of incarceration, along with coercive mobility theory and literature on forms of capital. Previous work has shown that the removal of residents due to mass incarceration contributes to disruptions in neighboring relationships and therefore, impedes the community’s ability to prevent crime, commonly referred to as informal social control. This involuntary mobility due to prison admissions and returns, known as coercive mobility, has focused almost entirely on the collateral consequences to the incarcerated, a predominantly male population. However, those who remain in the community, primarily women, also …

Cost Savings And Cost Effectiveness Of The Cuyahoga County Sexual Assault Kit Task Force, Rachel Lovell, Mendel Singer, Daniel Flannery

Begun Center for Violence Prevention Research and Education Reports and Briefs

We conducted an analysis of the cost savings and cost effectiveness of the Cuyahoga County Sexual Assault Kit (SAK) Task Force on all unsubmitted SAKs tested as of January 1, 2016. We explored the total tangible and intangible costs to victims associated with unsubmitted SAKs and the total cost of testing and investigated those SAKs. Our analysis estimates the total cost savings of future sexual assaults averted due to the SAK Task Force as of January 1, 2016 is $48.2 million dollars. Conservative estimates suggest the SAK Task Force’s efforts will produce a net savings of $38.7 million dollars to …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

Same-Sex Child Molestation Within The Boy Scouts Of America Initiation And Termination In Victim Narratives., Leah Catherine Jihee Shon

Electronic Theses and Dissertations

Previous studies of child molestation have largely used a sample of either incarcerated or convicted sex offenders. Previous studies have also failed to provide substantial analyses regarding how physical contacts between child victims and adult perpetrators were initiated and terminated at the crime scene; few studies have focused on “what exactly happened” while physical touching was taking place through an analysis of behavioral sequences of both child victims and adult offenders. Although previous literature on interpersonal child abuse used child victims of sexual abuse as their data source, those studies focused on effective victim treatment plans to deal with victims’ …

Utilizing The Signaling Theory In Order To Enhance Minority Recruitment In Law Enforcement, Donald B. Terheide

Open Access Dissertations

Minority recruitment has been an emphasis for law enforcement agencies for decades. These agencies have attempted to recruit minority officers through different venues, including college visits, career fairs, advertising, high school visits, community organizations, and other avenues in an attempt to have their department more representative of the community. However, there has been a limited amount of research on the potential applicants’ perspective concerning how these recruiting efforts have persuaded them, and the messages conveyed to the applicants.

This dissertation has been written utilizing the Signaling Theory, and determining what signals are sent to minority applicants, and how they are …

The Thirteenth Amendment And Unconstitutional Servitude : The Punishment Exception Clause As A Legal Gateway To Involuntary Servitude, William L. Twisdale

Theses, Dissertations and Culminating Projects

Did the “except for punishment for a crime” (exception punishment) clause of the first section of the Thirteenth Amendment provide a platform for states to revise, and create if necessary, laws to target blacks and imprison them, thus denying them their rights and create a labor force through the agency of mass incarceration? This author begins with the assumption that it did. The purpose of this thesis study is to explore this question and find if the author’s assumption is correct - whether the exception punishment clause permitted slavery and involuntary servitude to exist as a labor system despite the …

Does Firing A Weapon And Causing Bodily Harm On A Suspect Impact A Police Officer’S Mental Stability Specifically Involving Post-­‐Traumatic Stress Disorder (Ptsd)?, Thomas Feeney

Criminal Justice

The objective of this study was to determine whether firing a weapon and causing bodily harm to a suspect is a traumatic experience for a police officer, which leads to PTSD. The research used a multi-­‐methodical approach consisting of both surveys and interviews of police officers that fit the population of interest. No original empirical research was conducted due to resource constraints but the study is designed to test for a hypothesized positive correlation between PTSD and deadly force. PTSD is a serious problem amongst those who are exposed to dangerous situations and this research is designed to figure out …

Fear Of Crime And It’S Effect Upon Opinions Of The Police Related To Police Professionalism And Police Efficiency: A Secondary Data Analysis, Brittany Bourne

Criminal Justice

Understanding what effects opinions of the police is vital to police officers and departments as it has been found that police are more likely to reach their goals if they have support, cooperation and trust from the citizens within the areas they work. That said, this secondary data analysis investigates whether or not fear of crime has an effect on an individual’s opinion of the police related to aspects of police professionalism and police efficiency. Initial results have shown that the higher an individual’s fear of crime is, the more likely they are to view police professionalism and efficiency more …

The Effect Of Social Media Use On Foreign Fighter Recruitment For Isis, Emily Schlierer

Criminal Justice

In recent years the Islamic State has been gaining strength and followers from around the world. Individuals from other countries will leave their homes and families after contact through social media to travel to Syria and fight alongside the organization. These individuals, known as foreign fighters, are not being evaluated in terms of environmental factors and reasons behind their motivation to join ISIS. While limited in resources and scope, this study is an attempt to raise awareness about the issue of foreign fighter recruitment over social media and point out possible environmental risk factors that may compel someone to join. …

Failure Of The Rockefeller Drug Laws, Alex Felker

Criminal Justice

No abstract provided.