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Description
By providing vignettes with manipulated scientific evidence, this research examined if including more or less scientific detail affected decision-making in regards to the death penalty. Participants were randomly assigned one of the two manipulations (less science and more science) after reading a short scenario introducing the mock capital trial and their role as jury members. Survey respondents were told that a jury had previously found the defendant guilty and they would now deliberate the appropriate punishment. Before being exposed to the manipulation, respondents answered questions pertaining to their prior belief in the death penalty, as well as their level of support of procedural justice and science. These questions provided a baseline to compare to their sentencing decision. Participants were then asked what sentence they would impose \u2014 life in prison or death \u2014 and how the fMRI evidence presented by an expert witness for the defense affected their decision. Both quantitative and qualitative measures were used to identify how the level of scientific detail affected their decision. Our intended predictor variable (level of scientific detail) did not affect juror decision-making. In fact, the qualitative results revealed a variety of interpretations of the scientific evidence used both in favor of death and in favor of life. When looking at what did predict juror decision-making, gender, prior belief in the death penalty, and political ideology all were significant predictors. As in previous literature, the fMRI evidence in our study had mixed results with regards to implementation of the death penalty. This held true in both of our manipulations, showing that despite the level of detail in evidence intended for mitigation, jurors with preconceived notions may still disregard the evidence, and some jurors may even view it is aggravating and thus increase the likelihood of a death sentence for a defendant with such brain abnormalities.
ContributorsBerry, Megan Cheyenne (Author) / Fradella, Hank (Thesis director) / Pardini, Dustin (Committee member) / Department of Psychology (Contributor) / School of Life Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences, while criminologists, sociologists, and other social scientists use race, and Blackness in particular, as an explain-all for criminality, poverty, or other conditions affecting racialized peoples. Social and physical sciences profoundly impact conceptualizations and constructions of race in society, while juridical bodies give racial science the force of law—placing legal benefits and criminal punishments into play. Yet, no formal rules govern the use of empirical data in opinions of the Supreme Court. My dissertation therefore studies the Court’s use of social scientific evidence in two key cases involving race and discrimination to identify what, if any, social scientific standards the Court has developed for its own analysis of scientific evidence. In so doing, I draw on Critical Race Theory (CRT) and Institutional Ethnography (IE) to develop a methodological framework for the study and use of social sciences in the law. Critical Race scholars generally argue that race is a social and legal construct and racism is endemic, and permanent, while Institutional Ethnography provides a social scientific method for rigorous study of the law by mapping and illuminating relationships of power manifested in social institutions that construct consciousness and place for marginalized groups in society. Combining methods of IE with epistemologies of CRT, I propose Critical Race Methodologies in the study of Fisher v. University of Texas at Austin and Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. These two cases from recent terms of the Supreme Court involve heavy use of social sciences in briefing and at oral argument, and both cases set standards for racial inclusiveness in Texas. Throughout this dissertation, I look at how law and social sciences co-construct racial meanings and racial power, and how law and social science understand and misunderstand one another in attempting to scientifically understand the role of race in the United States.
ContributorsChin, Jeremiah Augustus (Author) / Brayboy, Bryan McK.J. (Thesis advisor) / Tsosie, Rebecca (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2017
Description
ABSTRACT This thesis analyzes the discourse surrounding proposed solutions to the immigration phenomenon in the United States. I conducted two qualitative media analyses on the rhetoric and conceptual frames found in mass media newscasts reporting on the immigration debate. The first analysis covered the general immigration debate and the second covered the appearance of American southwest ranchers. Specifically the analyses contrasted the media's coverage of root economic causes to the immigration phenomenon in comparison to reactionary solutions as proposed by leading immigrant attrition organizations such as the immigration think tank, Federation for American Immigration Reform (FAIR) and Republican linguist, Frank Luntz. The main argument of this thesis is based on an analysis of how the media has used southwestern ranchers as expert witnesses for reactionary solutions on a national level. An acute qualitative media analysis was used to compare the rhetoric found in the media coverage of southwestern ranchers versus the rhetoric found in 12 in-depth interviews I conducted with ranchers in the American southwest. This thesis contends that the media has successfully turned southwestern ranchers into spokespersons for border security rhetoric, furthering the binary debates on border security and immigration reform and thus obscuring the conditions which force migrants to leave their home countries. The grounding theoretical framework for this thesis is based on David Altheide's qualitative media analysis which identifies how certain frames and common narratives ultimately construct a way of discussing the problem or the kind of discourse that will follow. This was structured on Atheide's qualitative media analysis protocols to dissect mass media newscasts covering the immigration debate and more specifically the mass media's coverage of southwestern ranchers. The qualitative media analyses were employed to determine whether the discourse found in nightly newscasts falls in line with root causes of immigration or FAIR's concern with reactionary solutions. To further assess the media's ability to shape discourse, and ultimately policy, these qualitative analyses were compared with in-depth interviews of the ranchers.
ContributorsFuente, Nicolás Antonio de la (Author) / Téllez, Michelle (Thesis advisor) / Stancliff, Michael (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2010
Description
This dissertation presents a new tool for analysis of the way difficult experiences
or phenomena influence the process for constructing self-identity in the performance of everyday life. This concept, refraction, emerged as part of a grounded theory methods analysis of ethnographic fieldwork conducted in Itacaré, Bahia, Brazil from January to July 2014. The work here contributes to the field of performance studies as a possibility for examining how affective responses to difficult experiences contribute to a shift in perspective and subsequently shifts in the performance of self in everyday life. This research was conducted with critical and reflexive autoethnographic methods in order to hold the research accountable for the ways subject position influences the research. In this case the most salient theme that emerged from these autoethnographic methods was an unpacking of unacknowledged tourist privilege in this setting. The resulting work-in-progress
performance will offer ways for spectators to question their own assumptions
regarding tourist privilege in Brazil, and in so-called developing countries in similar
tropical climates. An additional contribution to the field of performance-based research that resulted from this dissertation is the articulation of a dynamic locus of creativity wherein rigorous established qualitative research methods complement creative practices in conjunction with a spectrum of tacit knowledge and theoretical sensitivities. This juncture becomes the theoretical space where creativity in research can be articulated in ways that are legible to both artists and researchers.
or phenomena influence the process for constructing self-identity in the performance of everyday life. This concept, refraction, emerged as part of a grounded theory methods analysis of ethnographic fieldwork conducted in Itacaré, Bahia, Brazil from January to July 2014. The work here contributes to the field of performance studies as a possibility for examining how affective responses to difficult experiences contribute to a shift in perspective and subsequently shifts in the performance of self in everyday life. This research was conducted with critical and reflexive autoethnographic methods in order to hold the research accountable for the ways subject position influences the research. In this case the most salient theme that emerged from these autoethnographic methods was an unpacking of unacknowledged tourist privilege in this setting. The resulting work-in-progress
performance will offer ways for spectators to question their own assumptions
regarding tourist privilege in Brazil, and in so-called developing countries in similar
tropical climates. An additional contribution to the field of performance-based research that resulted from this dissertation is the articulation of a dynamic locus of creativity wherein rigorous established qualitative research methods complement creative practices in conjunction with a spectrum of tacit knowledge and theoretical sensitivities. This juncture becomes the theoretical space where creativity in research can be articulated in ways that are legible to both artists and researchers.
ContributorsPorter, Laurelann (Author) / de la Garza, Sarah Amira (Thesis advisor) / Underiner, Tamara (Thesis advisor) / Mcelroy, Isis (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2015