Matching Items (251)
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Courthouse dogs (sometimes referred to as facility animals) are expertly trained canines which may be used to assist individuals with psychological, emotional, or physical difficulties in a myriad of courtroom situations. While these animals are increasingly used to assist young witness to court, the jury is still out on whether

Courthouse dogs (sometimes referred to as facility animals) are expertly trained canines which may be used to assist individuals with psychological, emotional, or physical difficulties in a myriad of courtroom situations. While these animals are increasingly used to assist young witness to court, the jury is still out on whether or not they are prejudicial to the defendant. No known research exists in this area, although research is necessary to determine the possibly prejudicial nature of these animals. Using a mock trial paradigm involving a child sexual abuse case, the current study employed a 2 (Witness type: victim vs. bystander) x 3 (Innovation type: courthouse dog vs. teddy bear vs. none) fully-crossed factorial design. It was hypothesized that witness type and innovation type would interact to differentially impact jurors' judgments about the trial, defendant, and child witness. In addition, it was posited that emotions, such as anger and disgust, would also affect judgments and decision-making. Results indicate that courthouse dogs and comfort toys did impact jurors' decision making in some ways. In addition, emotions and witness credibility predicted sentencing, verdict, and other trial judgments.
ContributorsBurd, Kayla (Author) / Mcquiston, Dawn E (Thesis advisor) / Salerno, Jessica M (Committee member) / Schweitzer, Nicholas J (Committee member) / Arizona State University (Publisher)
Created2013
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Arizona has become infamous for its strong nativist and anti-immigrant climate, gaining national and international attention for legislation and policing practices that are in violation of civil and human rights. Despite the grave injustices perpetuated against migrants and communities of color, they exist in an environment of acceptance. Applying Critical

Arizona has become infamous for its strong nativist and anti-immigrant climate, gaining national and international attention for legislation and policing practices that are in violation of civil and human rights. Despite the grave injustices perpetuated against migrants and communities of color, they exist in an environment of acceptance. Applying Critical Pedagogy, Critical Race Theory/ Latina(o) Critical Race Theory, and Chicana Feminist epistemologies, this study interrogates the polarized discourse that has intensified in Arizona, within the immigration movement and across its political spectrum, from 2006 to 2008. I present an auto-ethnographic account, including use of participant action research, narrative, and storytelling methods that explores ways in which resistance is manifested and the implications for creating sustainable social change. I argue that legislation, raids, and local immigration enforcement tactics reinforce the dominant group's fear of the "other," resulting in micro and macro aggressions that legitimize racial profiling and help safeguard and fortify White privilege through the fabrication of racialized identities. Simultaneously, organizing strategies and discourse of immigrant rights advocates reflect an entanglement of perceived identities and a struggle to negotiate, contest, and redefine boundaries of public space. The raids, coupled with protests and counter demonstrations, produced a public spectacle that reinforces anti-immigrant connections between race and crime. Lastly, I apply and introduce Border Crit, a new and emerging theory I propose to better address research in the borderlands.
ContributorsMaldonado, Angeles (Author) / Swadener, Elizabeth B. (Thesis advisor) / Scott, Kimberly (Committee member) / Mckinley Jones Brayboy, Bryan (Committee member) / Arizona State University (Publisher)
Created2013
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Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies

Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
ContributorsParsi, John (Author) / Crittenden, Jack (Thesis advisor) / Guston, David H. (Committee member) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2013
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This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context

This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context of AI peoples and tribal Nations, however, these intrusions implicate not only individual freedoms and well-being but also larger notions of tribal sovereignty, self-determination, culture, and the dialectic relationship between individual identity and community knowledge related to definitions of health, illness and the social meaning of difference. Yet, in the context of involuntary psychiatric commitments, the law reflects a failure to understand this relationship, alternating between strategic use of the sovereignty doctrine to deny access to services or, alternatively, wholly absenting issues of sovereignty and Indigenous worldviews from legal discourse. This project explores the nuanced ways in which these issues are weaved into the fabric of mental health law and policy and how they function to codify, enact and maintain colonization for AI peoples and Nations.
ContributorsGough, Heather Robyn (Author) / Brayboy, Bryan Mck. J. (Thesis advisor) / Romero, Mary (Committee member) / Molidor, Christian (Committee member) / Arizona State University (Publisher)
Created2013
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Description
Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending

Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
ContributorsAbbott, Katherine R (Author) / Provine, Doris M. (Thesis advisor) / Cruz, Evelyn H. (Committee member) / Johnson, John M. (Committee member) / Zatz, Marjorie S. (Committee member) / Arizona State University (Publisher)
Created2013
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Description
Ethno-nationalist politicians and criminals in Mostar espoused a discourse of ethno-exclusionist sociocultural relations as a superstructure for the public in order to establish ethnocratic kleptocracies where they concealed their criminal colonization of residential and commercial property through manipulating the pre-Bosnian War discourse on property relations. This is not to argue

Ethno-nationalist politicians and criminals in Mostar espoused a discourse of ethno-exclusionist sociocultural relations as a superstructure for the public in order to establish ethnocratic kleptocracies where they concealed their criminal colonization of residential and commercial property through manipulating the pre-Bosnian War discourse on property relations. This is not to argue that some or most of these politicians and criminals did not believe in their virulent nationalist rhetoric, but instead that the effects of the discourse created well-used pathways to personal, not community, wealth. Elites used the Yugoslav economic crisis and perceived past grievance to enflame growing tensions between ethnicities and social classes. I use Mostar as an object of analysis to examine the creation of Bosnian Croat and Bosniak ethnocratic regimes in this divided city. However, I focus more on the Bosnian Croat regime in the city because it envisioned Mostar as its capital, making the city the site of its political competition among factions. Even though ethno-nationalist politicians and criminals still hold a level of power in Mostar, the IC did succeed in instituting a high level of property restitution, which does not necessarily imply return, because the IC was able to impose rule of law when it acted in an organized manner. Also, the ethnocratic regimes were weakened due to regional economic and political factors that undercut the regimes' hold over the population.
ContributorsPignotti, Arthur (Author) / Batalden, Stephen K. (Thesis advisor) / Von Hagen, Mark (Committee member) / Holian, Anna (Committee member) / Arizona State University (Publisher)
Created2013
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This study investigates the presence of a dual identity defendant, and how sharing an in-group can create a judgment bias. A sample of 256 participants was used to test whether there was a relationship between judgment punitiveness, perceptions of shared identity, hypocrisy and the social identities (religion and sexual orientation)

This study investigates the presence of a dual identity defendant, and how sharing an in-group can create a judgment bias. A sample of 256 participants was used to test whether there was a relationship between judgment punitiveness, perceptions of shared identity, hypocrisy and the social identities (religion and sexual orientation) of the participants and a defendant charges with a sexual offence. Results suggest that Christian participants selected more punitive outcomes for the defendant compared to non-Christian participants. Further, participants were more punitive when the defendant was gay compared to when the defendant was heterosexual. Also, when the defendant was straight there was a stronger feeling of similarity between the participants and defendant compared to when the defendant was gay, and non-Christian participants had a stronger feeling of closeness to the defendant compared to Christian participants. There was a significant interaction found, suggesting that when the defendant was Christian and gay he was seen as more hypocritical compared to when he was Christian and straight; there was no interaction when the defendant was not Christian. These findings should aid in future research and a better understanding of how dual identity defendants are perceived in the courtroom.
ContributorsAltholz, Rachel Leah (Author) / Salerno, Jessica (Thesis advisor) / Hall, Deborah (Committee member) / Schweitzer, Nick (Committee member) / Arizona State University (Publisher)
Created2014
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Life History Theory suggests that, in order to maximize reproductive fitness, individuals make trade-offs between allocating resources to mating and parenting. These trade-offs are influenced by an individual's sex, life history strategy, and environment. Here, I explored the usefulness of a Life History Theory framework for understanding endorsement of child

Life History Theory suggests that, in order to maximize reproductive fitness, individuals make trade-offs between allocating resources to mating and parenting. These trade-offs are influenced by an individual's sex, life history strategy, and environment. Here, I explored the usefulness of a Life History Theory framework for understanding endorsement of child support laws. This study experimentally manipulated sex ratio, and gathered information about participants' endorsement of child support, sexual restrictedness, and mate value. As predicted, women endorsed child support more than men, whereas men favored greater restriction of child support in the form of required paternity testing. However, in general, results do not support an effect of sex ratio, sexual restrictedness, or mate value on endorsement of child support. Results suggest sensitivity to exploitation in a male-biased sex ratio, reflected by an increase in men's endorsement of paternity testing requirements under a male-biased sex ratio prime. Women, on the other hand, report especially unfavorable beliefs toward paternity testing in a male-biased sex ratio. Although results of the current study are mixed, there remains much to be gained from applying an evolutionary perspective to understanding variability in endorsement of child support.
ContributorsWilliams, Keelah (Author) / Neuberg, Steven L. (Thesis advisor) / Saks, Michael (Committee member) / Kenrick, Douglas (Committee member) / Ellman, Ira (Committee member) / Arizona State University (Publisher)
Created2013
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A sample of 193 participants viewed one of six variations of an eyewitness giving mock testimony. Each participant viewed testimony, which varied by level of emotion (none, moderate, or high) and frame (waist-up or head only). Participants then rated the witness using the Brodsky Witness Credibility Scale and the Reyson

A sample of 193 participants viewed one of six variations of an eyewitness giving mock testimony. Each participant viewed testimony, which varied by level of emotion (none, moderate, or high) and frame (waist-up or head only). Participants then rated the witness using the Brodsky Witness Credibility Scale and the Reyson Likability Scale. A set of ANOVA's was performed revealing an effect of emotion level on both credibility and likability. Emotion level was found to influence participant judgments of poise, however, to a lesser degree than judgments of credibility and likability. These results suggest that attorneys may want to avoid the use of videoconferencing with certain types of witnesses where testimony may be highly emotional.
ContributorsHavener, Shannon (Author) / Schweitzer, Nicholas (Thesis advisor) / Salerno, Jessica (Committee member) / Hall, Deborah (Committee member) / Arizona State University (Publisher)
Created2014
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Both law and medicine are interpretive practices, and both systems have historically worked in tandem, however ineffectively or tumultuously. The law is, by social mandate, imagined as a "fixed" system of social control, made up of rules and procedures grounded in a reality that is independent of language; although we

Both law and medicine are interpretive practices, and both systems have historically worked in tandem, however ineffectively or tumultuously. The law is, by social mandate, imagined as a "fixed" system of social control, made up of rules and procedures grounded in a reality that is independent of language; although we know that law is both revised and interpreted every day in courtroom practice, to imagine the law, the system that keeps bad people behind bars and good people safe, as indeterminate or, worse, fallible, produces social anxieties that upend our cultural assumptions about fairness that predate our judicial system. This imaginary stability, then, is ultimately what prevents the legal system from evolving in consonance with developments in the mental health professions, as inadequate as that discursive system may be for describing and categorizing the infinite possibilities of mental illness, specifically where it is relevant to the commission of a crime. Ultimately, the insanity plea raises the specter of the endless interpretability of the law and mental illness and, therefore, the frailty of the justice system, which makes each insanity defense trial emblematic of larger social anxieties about social control, fairness, and susceptibility to mental illness or the actions of mentally ill people.
ContributorsAlden, Andrea Lisa (Author) / Daly Goggin, Maureen (Thesis advisor) / Carlson, A. Cheree (Committee member) / Roberts-Miller, Patricia (Committee member) / Arizona State University (Publisher)
Created2014