Matching Items (7)
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- All Subjects: racial justice
- All Subjects: Legislation
- All Subjects: Scientific Evidence
- Creators: Gomez, Alan
- Member of: Theses and Dissertations
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
Sentencing reform has been the subject of much debate in the 21st century and has resulted in a great deal of consternation in state and federal systems of government (Chesney-Lind, 2012). The public does not view incarceration as an important topic needing attention or requiring change, which makes invisible the needs and histories of prisoners as a consequence of not addressing them (Connor, 2001). Through an analysis of the spectrum of women’s crime, ranging from non-violent drug trafficking to homicide, I conclude within this paper that the criminal justice system was written as a male-oriented code of addressing crime, which has contributed to women being made into easier targets for arrest and female imprisonment at increasing rates for longer lengths of time.
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
ContributorsD'Souza, Kristin Tessa (Author) / Gomez, Alan (Thesis director) / Fonow, Mary Margaret (Committee member) / Leone Hamm, Donna (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2013-05
Description
Passed in April of 2010, Arizona Senate Bill 1070 is nationally recognized as the first state-level anti-immigration legislation of its kind that deputized local police officers to enforce immigration laws. Though response strategies varied widely across activists and organizations, many community organizations devised strategies specifically aimed to protect and assist the undocumented community during the reign of terror that accompanied SB 1070. In looking at the reflections of activists and organization leaders on their own actions and decision-making rationale, I analyze how their strategies and tactics worked to both counter and reconceptualize hegemonic notions of citizenship, belonging, and community through the creation of networks and knowledge funds. By specifically examining the efforts made by No Mas Muerte, Puente Human Rights Movement, and the Calle Dieciseis Mural Project, I show that efforts that go beyond voter mobilization and legal action, which not only work to combat dominant rhetoric but also center the voices of the targeted population through disrupting public space, are essential to responding to political efforts designed to target vulnerable communities. Given their necessity, academics and institutional actors must acknowledge the importance of grassroots efforts in contributing to inter-institutional strategies and ensure that a ground-up analysis of community-based organizations informs their actions taken against state-level anti-immigration laws.
ContributorsMorris, Jordan (Author) / Gomez, Alan (Abridger) / Brian, Jennifer (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor)
Created2022-05
Description
My thesis is an autoethnography considering the ways to be a respectful and effective ally and advocate for racial justice issues as a White person. I have written my paper as a love letter to my Indigenous sister, synthesizing the lessons I learned throughout my justice studies courses and applying them to the very personal experience of my relationship with my sister.
ContributorsMetzler, Audrey (Author) / Gomez, Alan (Thesis director) / Hecht, Justine (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / Department of Psychology (Contributor)
Created2022-05
Description
My thesis is an autoethnography considering the ways to be a respectful and effective ally and advocate for racial justice issues as a White person. I have written my paper as a love letter to my Indigenous sister, synthesizing the lessons I learned throughout my justice studies courses and applying them to the very personal experience of my relationship with my sister.
ContributorsMetzler, Audrey (Author) / Gomez, Alan (Thesis director) / Hecht, Justine (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2022-05
Description
My thesis is an autoethnography considering the ways to be a respectful and effective ally and advocate for racial justice issues as a White person. I have written my paper as a love letter to my Indigenous sister, synthesizing the lessons I learned throughout my justice studies courses and applying them to the very personal experience of my relationship with my sister.
ContributorsMetzler, Audrey (Author) / Gomez, Alan (Thesis director) / Hecht, Justine (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2022-05