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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.
161

The "CSI effect" on jurors, criminals and the American court system

Ammar, Farah N. 01 January 2008 (has links)
Television shows, in particular CSI: Crime Scene Investigation, have captured the attention of the majority of Americans. As a consequence of these shows, the "CSI effect" has evolved. The CSI effect primarily occurs when people watch crime or law related shows resulting in them gaining an unrealistic expectation of what they think should occur in real trials. This is a concern for prospective jurors who take part in criminal trials. This thesis will reveal how the CSI effect has swept the nation. A large part of this study will be devoted to illustrating how the CSI effect has had an impact on jurors, criminals and the American court system. This thesis will shed light on how television has the power to alter a juror's mind, even if it is a decision that could completely change the defendant's life. This thesis will also examine how legal professionals have strategically begun to mention the CSI effect during their trials in court. Nowadays, it is an ordinary procedure for attorneys, during voir dire, to question prospective jurors about their television viewing habits, as it pertains to CSI. This study will also examine how the producers of CSI discount the effect in its entirety. The creators believe that their creation has been a helpful milestone in the evolution of our criminal justice system.
162

The use of circumstantial evidence in convicting defendants in high profile murder cases

Hartwell, Lianna M. 01 January 2009 (has links)
The use of circumstantial evidence in proving the guilt of defendants in high profile murder cases has evolved. There have been several cases in particular that exemplify this. This thesis aims to descri?e the persuasiveness of circumstantial evidence in proving the guilt of a defendant. It also aims to demonstrate that the defendants' actions, behaviors and appearances, which were once only commented upon by the media and public, have become admissible and convincing evidence because they indicate a consciousness of guilt. This thesis will highlight the aspects of the media's role in covering high profile murder cases and how this involvement impacted the cases. In order to show how the circumstantial evidence, including the defendant's behavior was sufficient to warrant a conviction at trial, the bulk of this thesis will examine various highly publicized cases and the evidence presented. This thesis will also discuss how the media has allowed high profile defendants to be tried in part, by public opinion. By examining the dynamics of several high profile murder cases that were prosecuted based on circumstantial evidence, this thesis will show the evolution of such evidence and its effectiveness in our present day courts.
163

The battered man : an evaluation of equal justice under the law

Egan, Brenna M. 01 January 2010 (has links)
Within the last few decades, many of the efforts aimed at preventing domestic violence and helping victims have focused on violence against women. In fact, in social and legal venues, domestic violence is often exclusively considered a women's issue. However, domestic violence, particularly intimate partner violence, does not discriminate on any basis, including gender. This research focuses on male victims of domestic violence in order to show that domestic violence is a human issue, not a gender issue. Only when all victims of violent crime are acknowledged and treated fairly can society begin to solve the problem of domestic violence victimization. The intent of this thesis is to explore the incidence of victimization, the legal and societal representations, and legal treatment of male victims of intimate partner violence. Through the analysis of case law and statutes, quantitative statistics, domestic violence resources, popular culture, and anecdotal evidence, this thesis evaluates the treatment of male victims of intimate partner violence in the legal system. Evidence shows that gender bias exists and can affect battered men in numerous ways. Male petitioners seeking protective injunctions, prosecution of their violent partners, and resources, such as treatment, counseling, or shelter, often face discrimination against men. By raising awareness to domestic violence committed against men, this thesis aims to contribute not only to the legal discipline but also to solving the domestic violence epidemic in society-against all people.
164

A judge's duty to sheppard the media in celebrity trials when constitutional rights collide

Reyer, Sarah D. 01 January 2010 (has links)
The notion that pretrial media coverage impacts the judicial process of highly publicized trials is not limited to contemporary times. This study sheds light on the modem day issues that pretrial media surrounding celebrity criminal cases imposes on the United States judicial system and juries. A literature review examines the conflict between the First, Sixth and Fourteenth Amendment rights to free press and fair trials, the impact of prejudicial pretrial media, precedents established in case law, and remedies that the courts use to limit the effects of prejudicial media. Expanding upon the literature review, the study next analyzes the public's view on crime, the media's manipulation of celebrity criminal trials, social and psychological theories on pretrial publicity, problems with current remedial measures, and specific celebrity case examples. The study provides a comprehensive analysis examining each individual aspect in determining the overall effect pretrial media has on celebrity criminal cases. The media is an essential part of society, but its reporting of the pretrial stages of celebrity criminal court cases impacts the jury's ability to give a celebrity defendant a fair trial.
165

Profiling by any other name could be the Foreign Intelligence Surveillance Act

Malloy, Evan M. 01 May 2011 (has links)
The undergraduate thesis began with the research question of whether the Islamic community is being profiled by the use of the Foreign Intelligence Surveillance Act (FISA) following the terrorist attacks on September 11, 2001. At the beginning of the project, the researcher's hypothesis was that Muslim community had fallen victim to profiling through the use of electronic surveillance conducted by the American government. The research presented reveals a pattern of profiling and injustices against many different groups of Americans throughout the history of United States surveillance laws starting with the illegal alcohol producers in the 1920's. Amendments to FISA have set necessary modern electronic surveillance regulations back 30 years. The researcher brings to light the injustices the Islamic community has endured out of the panic caused by the attacks on 9/11. The research presented was achieved by using empirical legal studies techniques of incorporating a mix-methods approach to utilize both quantitative and qualitative research components. The researcher developed a spreadsheet that included all published federal opinions of prosecutions involving FISA since its enactment in 1978. Statistical data was analyzed using frequency and average software, known as Stata, and the results of study suggest an extreme increase in the amount of prosecutions involving the Islamic community since 9/11 compared to prior.
166

Parental accountability for children in Florida examining the oxymoron of parental liability

Specoli, Marco 01 December 2011 (has links)
This thesis examines the concept of parental liability and the effect it has in deterring juvenile delinquency, with an emphasis on Florida Law. It will also consider the concept's ability to properly compensate victims of juvenile offenses. The thesis focuses on the circumstances in which a parent or guardian may be liable for the actions of a child and how liability insurance law plays a key role in compensating innocent victims. It discusses Florida's public policy of seeking justice by holding parents responsible and the problems that it faces by doing so. The thesis further examines what issues arise when parents are found vicariously liable for their negligence or contribution to a child's offense, but are not covered by liability insurance coverage or the insurers deny coverage.
167

Florida's medical malpractice tort reform a cognitive analysis of litigious, legislative promulgation and jurisprudence

Formoso, Joseph 01 May 2012 (has links)
Public opinion in recent years has been seemingly manipulated by superfluous stories, bad press, and negative commentaries regarding the perceived "Medical Malpractice Crisis." It has initiated a political attack on Florida's tort system which has resulted in making valid medical malpractice claims even more so difficult for victimized plaintiffs to pursue. After months of diligent research, and with the loyal aid of my university advisors and the dedicated law librarians I've had the honor to work with, I have thoroughly analyzed Florida's past and present medical malpractice tort reforms and governing procedural laws; in addition to arguing, by virtue of this thesis, why these reforms were truly enacted, how traditional tort reforms have egregiously compromised public interests, why Florida's future--with regard to legislative change--is grim, and how new, innovative tort reforms--such as those established overseas--could genuinely benefit Floridians. The premise of the conclusion reached in this research is partially iterated in a quote by the critically acclaimed "Insurance Law Expert," Tom Baker: "...the medical malpractice myth. Built on a foundation of urban legend mixed with the occasional true story, supported by selective references to academic studies, and repeated so often that even the mythmakers forget the exaggeration, half truth, and outright misinformation employed in the service of their greater good, the medical malpractice myth has filled doctors, patients, legislators, and voters with the kind of fear that short circuits critical thinking." --Baker, T. (2005). The medical malpractice myth. Chicago: University of Chicago Press.
168

Medicate to execute constitutional and ethical considerations

Schultz, Adam 01 May 2012 (has links)
The United States Supreme Court has not yet examined several aspects of the death penalty. One aspect is the ability for the state to forcefully medicate an incompetent inmate, which may result in the inmate appearing competent for execution. While the Supreme Court' ruled that it is unconstitutional to execute an inmate who is incompetent, inmates who would have had their executions vacated due to mental illness are executed because the state can put them on an involuntary medication regimen. According to many experts, involuntary medication regimens mask the affects of their illness instead of providing a cure. Experts often refer to this practice as the "chemical straitjacket." Because the effects of antipsychotic medication, inmates may be sedated to a point where they appear competent, but in reality, they are sedated to a point where their mental illness is still present yet undetectable. As a result, placing condemned inmates on involuntary medication regimens has the possibility to violate the inmate's Fifth, Sixth, Eighth and Fourteenth Amendment rights. The intent of this thesis is to examine whether the Supreme Court has successfully upheld its duty to promote a fair judicial system by allowing the medicate to execute scheme to continue. Through the analysis of case law, law review articles, and the American Constitution, this thesis will evaluate the treatment of condemned inmates who show signs of incompetence. Through analysis, this thesis aims to raise awareness to an issue that, in the opinion of this writer, deserves the attention of American courts and other governing bodies.
169

An examination of the history and effect of American sex offense laws and offender registration

Shabat-Love, David 01 May 2012 (has links)
America's Sex Offense statutes and cases are some of the most controversial sections of modern law, both for the extreme sensitivity of their subject matter as well as the scope and application of those laws. This thesis is an analysis and overview of both the objective and subjective issues posed by the current state of those very laws: the subjective portion explored the development of current laws and the diverse attendant legal issues such as over-broadness and excessive or misdirected effect as compared to the Legislative and public intent which directly led to the development of these laws. Additionally a more objective study of their efficacy was conducted through the use of data regarding offense rates by locality. This objective data was procured from both the United States Census and Bureau of Justice statistics, which contained national averages such as the overall violent crime rate, and from the Florida Department of Law Enforcement Statistics and was supplemented with additional data from other academic sources. It is both the subjective conclusion and the interpretation of objective data that while the rate of sex offenses has lowered in recent decades this effect is a part of the overall trend of reduction in all violent offenses, and that the extreme stance of modern sex offense laws have arguably resulted in the net-negative of creating a class of individuals ostracized from all but other sex offenders who are virtually incapable of supporting themselves or at times of even finding legal habitation post-release. With little to no chance of a productive life, there is the strong possibility of recidivism and little incentive to avoid re-offending.
170

The duality of florida's criminal pretrial diversion programs a separate treatment court for veterans

VanZandt, David 01 May 2012 (has links)
This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.

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