Matching Items (120)
Filtering by
- Creators: Barrett, The Honors College
Description
Over the past decade, the United States and the European Union have adopted major changes to asylum policy and enforcement, specifically the increase of deterrence policies contrary to international asylum norms. The goal of this has been to reduce the pull factors towards the US and EU. Deterrence policies have largely been characterized by two main strategies: (1) deterrence at the border through stricter regulations and detention policies, and (2) deterrence through the creation of formal buffer zone countries between the asylum seekers’ countries of origin and the ultimate country of destination. These policies have been instituted in response to the spike in Central American asylum seekers at the US/Mexico border and Syrian asylum seekers at the Greece/Turkey border at the entrance of the EU. This paper compares these two separate geographic areas––the US and EU––due to their roles in the development of international law, their roles in the development and management of these crises, and the similar increase of asylum seekers in 2014-15. This paper also details the severity of the conditions in the asylee-sending areas––Central America and Syria––which are major “push factors” driving the crises. Finally, this paper explores the novel use of Mexico and Turkey as formal buffer zones by the United Staes and the European Union, respectively. The increase of deterrence policies culminating in the creation of formal buffer zones countries violates key principles of international asylum law, namely non-refoulement. These buffer zones must be redesigned proactively to better suit the realities of asylum in the 21st century.
ContributorsDooling, Maria Hana (Author) / Sivak, Henry (Thesis director) / Calleros, Charles (Committee member) / School of Molecular Sciences (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
This paper looks at case studies, legal journals, and legal commentaries to examine the history of plea bargains and determine how such a practice slowly crept its way into the American judicial system. Next, I discern both the two specific benefits and three disadvantages of utilizing plea bargains in a system that was traditionally renowned for its unique form of adversarial / trial based justice. By analyzing case studies and legal texts, I find that the administrative advantages and cost benefits used to rationalize continued usage of plea deals does not outweigh its extremely negative effects on significant aspects of law and the American legal system. These significant negative effects as a product of the plea bargain are a definitive hindrance to justice and further characterize the system as no longer fair and certainly not equitable. Consequently, I assert that in order to maintain the ethics of the system, plea bargains should be removed. I also generally outline the Philadelphia Bench Trial as a prospective and viable alternative to plea bargains that could act as an intriguing substitute. The Philadelphia Bench Trial represents a highly viable alternative to the plea bargain and consequently preserves many of the advantages plea bargains offer the system without sacrificing the adversarial element necessary to receive correct and accurate verdicts.
ContributorsRimsza, Alex Gill (Author) / Stanford, Michael (Thesis director) / Forst, Brad (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of English (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
In this paper, we offer three legal bases for the continued legality of abortion in the U.S. in alternative to the current rationale set by Roe v. Wade. After a brief history of abortion law and rhetoric that shows the abortion debates to center on unanswered assumptions about the value and nature of human life, we first propose, through philosophical analysis, that an embryo does not merit the same legal protections as a born human because the status of being unborn marks it as fundamentally different from one. Secondly, we examine the legal principle of bodily integrity and demonstrate its clear application to the pregnant women, whose right over her own body, we argue, is unjustifiably curtailed by anti-abortion laws. Finally, we proffer that abortion is justified even if we grant the embryo personhood by applying the legal concept of medical power of attorney to the rights that parents have over their children.
ContributorsSalazar, Jakob Andrew (Author) / Huntington, Patricia (Thesis director) / Kim, Linda (Committee member) / School of Humanities, Arts, and Cultural Studies (Contributor) / School of Social and Behavioral Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
In this thesis, we analyze the case, Swain, et al. v. Bixby Village, et al., the Ahwatukee Lakes Golf Course case, and the legal findings surrounding it. First, this thesis examines the history of the case and its ongoing litigation. Next, the background information on select definitions and other related cases is examined. Finally, this thesis analyzes three main points addressed in the Appellate Court’s Opinion on the case and presents potential next steps and recommendations for an equitable solution on both sides of this and future cases concerning land restricted to golf course use.
ContributorsEngler, Joelle Samantha (Co-author) / Asher, Rebecca (Co-author) / Gammage, Grady (Thesis director) / Stapp, Mark (Committee member) / Cassidy, Delilah (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Accountancy (Contributor) / Department of Economics (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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 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
Description
Realistically, everyone should either be in jail or in court for crimes that everybody
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
commits. Outside of the house, there are people speeding, jaywalking, littering, sharing
medication, and driving without seat belts. Inside the house, people are downloading
music/movies, drinking while underage, using (and abusing) social media while under the age of
18, and reading another person’s mail. With so much of a focus on serious crimes, or felonies,
people tend to forget about the everyday actions in America that are also illegal. For example, a
police officer may not do anything if several cars are going well over the speed limit on the
highway, because it is normalized. This paper explores two sides of this issue: the psychological
side and the legal side. The goal is to find out how culpable people really are for their actions
when they do not have the mental intent that the they are determined to have in court. All human
behavior will be divided into two sections (people with non-extreme mental disorders and people
who have total control over their behavior). First, I dive into the complexity of anxiety,
depression, and ADHD, and explain how these disorders will subtly change someone’s behavior.
Next, I examine how actions like speeding and jaywalking and explain how certain illegal
actions have become so normalized that people may not be very guilty, even when they are
knowingly committing these crimes. I use different misdemeanors as examples for each of these
types of behaviors to argue why people should be more culpable (aggravating factors) or less
culpable (mitigating factors) because of their respective predispositions. Finally, I discuss issues
of fixing the criminal justice system such as: how to make all punishments fair/accurate, how to
fix the public’s distrust towards the law, and how to stop these normalized illegal behaviors for
all people, regardless of mental health or intent.
ContributorsHildebrand, David Abel (Author) / Rigoni, Adam (Thesis director) / Cavanaugh-Toft, Carolyn (Committee member) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
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
Description
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
Description
The sport of Ultimate, formerly known as Ultimate Frisbee™, spread around the world in the mid-seventies and was considered an alternative sport that embraced a more casual atmosphere than other traditional, competitive sports. Ultimate is now receiving national and international attention as a competitive sport, with broadcasts of games on networks such as ESPN. As it transitions into a mainstream sport while attempting to maintain its alternative roots, it is possible that there are contrasting opinions between those who want to bring it further into the mainstream and those who want to maintain as much as possible of the original, alternative culture. In this work, we surveyed members of the Ultimate community for their perspectives on the unique culture of Ultimate.
Because the Ultimate community considers itself to be progressive, despite its largely Caucasian makeup, one topic of exploration was the political landscape of the Ultimate community. A second unique aspect of ultimate is the system for enforcing rules used by the players on the field, known as the spirit of the game. This system replaces referees and creates an ethical dynamic both during play and within the community that is not found in other sports. The last major topic of study here is the self-perception of the players as athletes. Because Ultimate continues to maintain a reputation as an alternative sport, athletes may perceive themselves differently than in more established sports.
When asked if Ultimate players perceived the Ultimate community as accepting of athletes who are people of color (POC) or members of the lesbian, gay, bisexual, or transgender community (LGBT), the community reported being accepting of all minorities. However, acceptance of POC athletes was rated significantly lower than the acceptance of LGBT athletes. When asked about comradery, the respondents rated comradery higher within the Ultimate community than in other sports. When asked how impartial players were in Ultimate compared to other sports, players with more experience tended to report perceiving themselves as more impartial. All demographics reported being more impartial in Ultimate than in other athletics. When asked about the seriousness of Ultimate, those who had not played another sport considered Ultimate to be more serious than those who had played another sport. In addition, players with more years of Ultimate experience also considered it to be more serious than those with fewer years of experience. Overall, additional studies on Ultimate culture are needed in order to obtain more viewpoints, as there is a lack of research in this field for comparison.
Because the Ultimate community considers itself to be progressive, despite its largely Caucasian makeup, one topic of exploration was the political landscape of the Ultimate community. A second unique aspect of ultimate is the system for enforcing rules used by the players on the field, known as the spirit of the game. This system replaces referees and creates an ethical dynamic both during play and within the community that is not found in other sports. The last major topic of study here is the self-perception of the players as athletes. Because Ultimate continues to maintain a reputation as an alternative sport, athletes may perceive themselves differently than in more established sports.
When asked if Ultimate players perceived the Ultimate community as accepting of athletes who are people of color (POC) or members of the lesbian, gay, bisexual, or transgender community (LGBT), the community reported being accepting of all minorities. However, acceptance of POC athletes was rated significantly lower than the acceptance of LGBT athletes. When asked about comradery, the respondents rated comradery higher within the Ultimate community than in other sports. When asked how impartial players were in Ultimate compared to other sports, players with more experience tended to report perceiving themselves as more impartial. All demographics reported being more impartial in Ultimate than in other athletics. When asked about the seriousness of Ultimate, those who had not played another sport considered Ultimate to be more serious than those who had played another sport. In addition, players with more years of Ultimate experience also considered it to be more serious than those with fewer years of experience. Overall, additional studies on Ultimate culture are needed in order to obtain more viewpoints, as there is a lack of research in this field for comparison.
ContributorsRandall, Sean Edward (Co-author) / Furey, Michael (Co-author) / Mebane, Tyler (Co-author) / Crook, Sharon (Thesis director) / Arrowsmith, Ramon (Committee member) / Simeone, Michael (Committee member) / Mechanical and Aerospace Engineering Program (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
This study explores the results of an event hosted for undergraduate students in the Arts, Media and Engineering (AME) department at Arizona State University. 18 students were asked to sit and eat lunch with one another and share their opinions on personal and school-related topics. A follow-up survey consisting of eight questions was sent out to gauge how effective this event was in getting students to build stronger relationships with each other. Statistical analysis showed that 89% of students who attended would participate again and consider collaborating with another student at the event in future projects. From these results, a series of future interventions like the one mentioned in this paper could promote stronger relationships among students and add value to the department. A positive response from the students who participated could imply that students might be more inclined to reach out to classmates when in a setting made for that purpose.
ContributorsWheeler, Hannah M (Author) / Tinapple, David (Thesis director) / Olson, Loren (Committee member) / Arts, Media and Engineering Sch T (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05