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Can Justice Be Bought?

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After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can…

After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can Justice be Bought uses interviews, real-life stories, and research to determine if the 6th Amendment is upheld in the way the system is currently working, and are indigent defendants given a fair chance at trial. After an overview of public defense in the United States as a whole, it becomes clear that in many states the way the system is operating gives them less than a fair chance at justice. This, however, is not from a lack of effort from public defenders, they are simply just so overworked by exorbitant caseloads that they cannot possibly give each of their cases the time it deserves. However, not all indigent defense systems were created equal, states like Maryland have a number of resources for their public defenders that set them up for success. In order to close the gap between private counsel and public defense in the United States, public defenders’ offices should begin to allocate more funding in order to lighten their defenders’ caseloads as well as to provide them with resources such as expert witnesses and social workers. Funding is not found overnight, so in the meantime, the implementation of “participatory defense” can also help close the gap. The advantage of wealth is not found only in the courtroom but through nearly every part of the criminal justice system. From bail to parole, wealthier defendants typically see higher rates of success and lower rates of recidivism due to their ability to pay for these programs.
ContributorsAyd, Olivia (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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The Evolution of the Insanity Defense and Proposals for Reform

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This thesis explores the evolution of the insanity defense throughout legal history beginning with ancient Greek and Roman times. Ideas about treating the insane separate from the sane in a criminal proceeding were first expressed by famous philosophers such as Plato and Aristotle. The insanity defense was codified into the…

This thesis explores the evolution of the insanity defense throughout legal history beginning with ancient Greek and Roman times. Ideas about treating the insane separate from the sane in a criminal proceeding were first expressed by famous philosophers such as Plato and Aristotle. The insanity defense was codified into the Justinian Code under Roman Law, but there was no criteria to distinguish who was insane and who was not. From the 14th to 19th centuries, a number of insanity tests were developed in English common law, resulting in the milestone M’Naghten rules, which became the basis for the insanity defense as it exists in the United States today. This paper explores how M’Naghten can be interpreted, what it does well, and its criticism. The thesis then explores how a number of other insanity defense standards rose in the United States, including the Irresistible Impulse Test, the New Hampshire test, the Durham test, the Model Penal Code, the Insanity Defense Reform Act, Guilty but Mentally Ill, and abolishing the insanity defense all together. The thesis asserts why all of these standards fall short of providing adequate protections for the insane in the criminal justice system and do not accurately define legal insanity. There is an analysis of both the theoretical and practical implications of trending alternate proposals for the insanity defense, including the Mental Illness Contribution Defense and Not Criminally Responsible By Reason of Recognized Medical Condition. Then, an argument is presented for the proposal for a new standard for insanity incorporating the ideas of philosopher Herbert Fingarette.
ContributorsHartunian, Jordyn (Author) / Rigoni, Adam (Thesis director) / Mack, Robert (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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Artificial Intelligence & Its Implications for the Modern American Legal System

Description
It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be…

It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be a problem that should be concerning in this modern age. We would be hard pressed to observe doctors in the U.S. currently performing medical procedures as they would have in 1960 considering the technological advancements that have taken place in society since then. Many of the processes in the legal system are extremely static and even archaic. It seems to be an opportune time to revolutionize the whole system as advancements continue; but, this revolution must take into account both the positive and negative repercussions that are possible moving forward.
ContributorsWilladson, Conor Calista Carolena (Author) / Koretz, Lora (Thesis director) / Forst, Bradley (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Psychology (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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Accessibility Services Feedback and Recommendations: The Experience of a Sun Devil at ASU

Description
This paper argues that improved student disability services at universities can limit the amount of stress that burdens students with disabilities in order to, improve their mood and create greater possibilities for successful student outcomes. This study begins by reviewing the progress that has been made in the 20th and…

This paper argues that improved student disability services at universities can limit the amount of stress that burdens students with disabilities in order to, improve their mood and create greater possibilities for successful student outcomes. This study begins by reviewing the progress that has been made in the 20th and 21st centuries in terms of heightened awareness and legislation that benefit people with disabilities. In addition, it applauds the efforts made so far at the Arizona State University Polytechnic and Tempe campuses, but also seeks to highlight some concerns that might become a focus of future policymaking endeavors. The applause and concerns are based on the experience of the author with ASU’s Disability Resource Center (DRC), now rebranded as the Student Accessibility and Inclusive Learning Services (SAILS). The author’s lens of physical/mobility limitations yields insight into the accessibility of the unique programs
offered by ASU’s Study Abroad Office as well as the daily transportation efforts of the DRC/SAILS’s DART service. The particular experiences discussed include a Barrett Global Intensive Experience trip to Ireland, the use of the on-campus DART transportation service at Polytechnic and Tempe, handicap parking and elevator placement at Polytechnic, the intercampus shuttle, and the future of Zoom as a means of providing accessibility to students with disabilities. This paper will make recommendations to the appropriate parties for possible changes to policy and/or procedure and alterations to the current state of tangible obstacles.
ContributorsAguilar, Cuitlahuac (Author) / Meloy, Elizabeth (Thesis director) / Kelley, Jason (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2020-12
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The New Age of Copyright Producers

Description
Technological advancements have provided ease and accessibility for musicians to produce, publish, and share music worldwide. However, contradictory court rulings in determining what is protected under copyright law have developed an environment where top-of-the-chart and up-and-coming artists fear their records will be liable for copyright infringement. Throughout the twelve circuit…

Technological advancements have provided ease and accessibility for musicians to produce, publish, and share music worldwide. However, contradictory court rulings in determining what is protected under copyright law have developed an environment where top-of-the-chart and up-and-coming artists fear their records will be liable for copyright infringement. Throughout the twelve circuit courts in the United States, various legal tests are applied to copyright infringement cases. Most courts use two specific legal tests; the Second and Ninth Circuit court tests. This thesis analyzes how copyright law is applied to music, focusing on the ambiguous legal tests of the Second and Ninth Circuit Courts. This analysis aims to outline the flaws in the current legal tests and establish a new legal test dedicated to providing structure and uniformity to copyright law and music.
ContributorsSidi, Joshua (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2022-05

The State of Solar: What AZ Can Learn From California’s History of Environmental Policy - A Video Essay by Niko Salvaggio

Description

Out of all fifty states, Arizona boasts the greatest number of sunny days, which comes as no surprise to its residents. According to a CDC data report, Arizona has an average of nearly 286 total days of sun exposure. This sheer amount of sunlight could lead to the assumption that…

Out of all fifty states, Arizona boasts the greatest number of sunny days, which comes as no surprise to its residents. According to a CDC data report, Arizona has an average of nearly 286 total days of sun exposure. This sheer amount of sunlight could lead to the assumption that Arizona is also leading the way in harvesting this solar energy, but that isn’t the case. According to the S.E.I.A (Solar Energies Industries Association), Arizona is the fifth largest solar producer, while California comes in first by a significant lead. What happened in the history of California that caused this disparity in solar production that we see today and should Arizona follow in its footsteps? In this video essay, I consider the historical impact that climate change has had on California that directly led them to adopt environmental policies, such as wildfires, droughts, smog, and sea-level rise. These events threaten California specifically, due to its uniquely high population, geography, and climate, and they will continue to get worse as climate change subsists. Due to the persistent threat that they face, California was forced to pass environmental regulations that ultimately ended up developing them into a leader in environmental protectionism. Arizona, while also facing droughts, high heat, and poor air quality, has had its environmental progress greatly hindered by a lack of cohesive action at the State level. Based on information from the U.S Energy Information Agency, over the past 30 years, Arizona has been one of, if not the highest, carbon-dioxide emitters in the West. For a time there was some political response to this fact, but eventually, its momentum was halted in favor of economic challenges and continually stunted by mixed agendas, which polarized Arizona parties even more and left city governments to deal with climate change on their own. With solar being the cheapest means of clean energy production, it seems unavoidable that it will develop eventually. Solar becoming a topic of such polarization in Arizona makes it much more challenging, as it can only progress with bipartisan support, but climate change is inevitable so discourse has to be the first step towards meaningful change.
ContributorsSalvaggio, Niko (Author) / Manfredo, Mark (Thesis director) / Englin, Jeffrey (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2022-05