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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

Totality of the circumstances: Factors affecting competence to waive Miranda rights.

Harrison, Kimberly S. 12 1900 (has links)
Within the discipline of sociology human olfaction is rich with social significance yet remains a poorly charted frontier. Therefore, the following discourse is aimed toward the development of a foundation for the sociological study of olfaction. It is formed by the dual goals of unearthing the social history of olfaction and of providing a viable sociological account of the manner in which smells affect human ontology. From these goals arise the following research questions: (1) Have the meaning and social relevance of odors and the olfactory sensorium changed throughout different periods of history?; (2) How have those in the lineage of eminent sociological thinkers addressed the phenomenon of human olfaction during these periods?; and (3) What is the process by which aromatic stimuli are transformed from simple chemical compounds, drifting in the atmosphere, into sensations in a sensory field and then on to perceived objects, to subjects of judgment and interpretation, and finally to bases of knowledge which form and continually reform individuals in the world? The weaving of the sociohistorical tapestry of smell is undertaken to provide examples from thousands of years lived experiences as to the fluid and sociologically complex nature of individuals' olfactory senses. This historical information is presented in a narrative format and is synthesized from data gleaned from books, advertisements, articles in popular non-scientific magazines, as well as from the findings of studies published in medical/neurological, psychological, anthropological, and sociological scholarly journals. Regarding theoretical aim of this discourse, insights are drawn from Maurice Merleau-Ponty's phenomenological theory of human perception for the generation of a framework for the sociological study of olfaction. Merleau-Ponty's theoretical notions are modified, modernized, and refitted to more specifically fit the subject of human olfaction and to include all that has been discovered about the biological specifics of olfactory perception since the time of his writing. Taken in sum, this effort is an access point to the understanding of how olfactory sensory perceptions flow toward the ontological unfolding of individuals.
12

A comparison of Miranda procedures the effects of oral and written administrations on Miranda comprehension /

Blackwood, Hayley L. Rogers, Richard, January 2009 (has links)
Thesis (M.S.)--University of North Texas, Aug., 2009. / Title from title page display. Includes bibliographical references.
13

Videotaped interrogations does a dual-camera perspective produce unbiased and accurate evaluations? /

Snyder, Celeste J. January 2007 (has links)
Thesis (M.S.)--Ohio University, August, 2007. / Title from PDF t.p. Includes bibliographical references.
14

Religious confession privilege at common law : a historical analysis /

Thompson, A. Keith. January 2006 (has links)
Thesis (Ph.D.)--Murdoch University, 2006. / Thesis submitted to the Division of Arts. Includes bibliographical references (leaves 340-354).
15

Deficits in Miranda comprehension and reasoning the effects of substance use and attention deficits /

Hazelwood, Lisa L. Rogers, Richard, January 2009 (has links)
Thesis (Ph. D.)--University of North Texas, Aug., 2009. / Title from title page display. Includes bibliographical references.
16

The highs and lows of visual salience and status influential factors in source monitoring decisions /

Ware, Lezlee J. January 2009 (has links)
Thesis (Ph.D.)--Ohio University, June, 2009. / Title from PDF t.p. Includes bibliographical references.
17

Probleme rondom die toepassing van artikels 217 en 218 van die Strafproseswet 51 van 1977

Bukau, Susan Charlotte 11 1900 (has links)
Text in Afrikaans / Artikel 217 is van toepassing op Jn bekentenis, synde Jn ondubbelsinnige erkenning van skuld, wat indien dit in Jn hof gemaak sou word, sou neerkom op Jn pleit van skuldig. Om toelaatbaar te wees, moes die verklaarder die bekentenis vrywillig en ongedwonge, by sy volle positiewe sender onbehoorlike beinvloeding afgele het aan Jn landdros of vrederegter. Waar die bekentenis in Jn dokument vervat is, is dit, mits daar aan die toelaatbaarheidsvereistes voldoen is, toelaatbaar teen die verklaarder daarvan. Artikel 209 vind toepassing mits die bekentenis Jn volle bekentenis is en die vereistes van artikel 217 nagekom is. Volgens die beslissing in S V SHEEHAMA 1991 2 SA 860(A) is Jn aanwysing Jn erkenning. As sulks moet dit voldoen aan die vereistes van artikel 219A en moes derhalwe vrywillig en ongedwonge gemaak wees. Jn Gedwonge aanwysing is dus ontoelaatbaar, tensy nuwe feite ontdek word as gevolg daarvan. / Section 217 is applicable to a confession, being an unequivocal acknowledgment of guilt, the equivalent of a plea of guilty before a court of law. To be admissible, the declarant must have made the confession to a magistrate or justice freely and voluntarily in his sound and sober senses without having been unduly influenced thereto. Section 209 is applicable provided that the confession is a full confession and the requirements of section 217 are complied with. According to the judgment in S V SHEEHAMA 1991 2 SA 860(A) a pointing out is an admission. As such it must comply with the requirements of section 219A and must therefore be made voluntarily and freely. An involuntary pointing out is thus inadmissible, except if new facts are discovered because of it. / Criminal and Procedural Law / LL.M.
18

Attribution and Attribution Error in Relationship to False Confessions

Johnson, Michael L. 01 January 2019 (has links)
False confessions are the most difficult type of confession to detect. Because the Reid interview and interrogation technique is the global gold standard for interviews, interrogations, and confessions, it is used to obtain confessions from suspects. However, the Reid method has been untested in regard to if it can detect false confessions to potentially eliminate wrongful convictions. The purpose of this qualitative study was to perform a content analysis of videos of confessions using several models that make up the Reid interview and interrogation technique. Utilizing attribution theory as a framework, these models were qualitatively assessed for their ability to detect false confessions in comparison with the legal casebook analysis and linguistic analysis. The key research questions addressed how interviewers attribute identification of false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. An additional research question concerned how interviewers identify attribution error in false confessions through the assessment of the various models and the complete Reid interview and interrogation technique. Data were collected from 6 videos and subjected to content analysis, triangulated with discourse analysis and conversation analysis. The results of this study showed that the models applied to the confessions could distinguish between true and false confessions. A social change could occur if some or all of these models are applied to all interrogations to detect false confessions, which would provide law enforcement and the intelligence professions the tools to assess confessions in order to potentially stop wrongful convictions and intelligence failures in interviews and interrogations.
19

Ústavní základy konfesního práva ČR / Constitutional basics of confession law of the Czech Republic

KLAIL, Jan January 2013 (has links)
The work deals with the constitutional protection of freedom of conscience , religion and autonomy of churches and religious societies (hereinafter Freedoms). The work defines the concept and sources of cofession law . The work defines a framework of constitutional freedoms set out in Articles 15 and 16 of the Charter . The fact that the confession law is not purely theoretical discipline , even in its constitutionally level, is best evident in the next chapter of this work, which deals with the case law of the Constitutional Court concerning Articles 15 and 16 of the Charter . The Essentials focus of this work was to collect and capture the basic content of the decision of the Constitutional Court , in which the above-mentioned articles of the Charter were applied. Decision are arranged according to their content and through their interpretations suggestions for improvements to the existing legislation.are made.
20

Effects of Immaturity on Juveniles’ Miranda Comprehension and Reasoning

Sharf, Allyson J. 08 1900 (has links)
Over the last several decades, researchers have documented how impaired reasoning by adult offenders impeded the intelligent waiver of Miranda rights. Logically, it stands to reason that juveniles – who are developmentally less mature and have less life experience than their adult counterparts – would possess even greater impairment, thereby heightening their risk for invalid Miranda waivers. Juvenile Miranda research supports this notion; with some researchers finding that psychosocial maturity, among other factors, affect a juvenile’s understanding of their rights. Yet, relatively few studies have examined its relation to Miranda reasoning and decision-making. Thus, the current study investigated the specific role of maturity in juveniles’ Miranda comprehension and reasoning. Participants included 236 legally-involved juveniles recruited from either a juvenile detention center or a juvenile justice alternative education program. The effects of psychosocial maturity were examined on a variety of Miranda-related measures and assessed a broad range of Miranda abilities. It was found that, in general, immature juveniles performed more poorly on all Miranda measures as compared to their mature counterparts. However, the impact of maturity varied considerably depending on the ability. Specifically, maturity was most important in the context of Miranda reasoning. As a novel addition to the literature, the current study also investigated the effects of developmental timing on maturity (i.e., immaturity-delayed versus immaturity-expected) on Miranda abilities.

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