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In 1972, the United States Supreme Court found that the death penalty was being applied too arbitrarily in the United States and that this arbitrary application constituted cruel and unusual punishment under the eighth amendment (Furman V. Georgia, 1972). This lead to a moratorium on capital punishment until the case

In 1972, the United States Supreme Court found that the death penalty was being applied too arbitrarily in the United States and that this arbitrary application constituted cruel and unusual punishment under the eighth amendment (Furman V. Georgia, 1972). This lead to a moratorium on capital punishment until the case Gregg V. Georgia, which outlined guidelines for the states in applying the death penalty in order to ensure that its application was constitutional (Gregg V. Georgia, 1976). These guidelines included enumerated aggravating factors and a bifurcated capital trial (Gregg V. Georgia, 1976). Despite these findings from the Supreme Court, the application of the death penalty in Arizona has remained problematic. In practice, Arizona has adopted a death penalty statute that appears to conform to the standards set by Furman and Gregg. Arizona state law includes a list of aggravating factors to help guide juries in capital trials and these trials are bifurcated. However, Arizona's aggravating factors are both numerous and inclusive, to the point that it is challenging to commit a first-degree murder in Arizona that does not include an aggravating factor. The statute fails to limit the crimes that qualify for the death penalty so state budgetary concerns become the limiting factor. Arizona's application of the death penalty remains arbitrary, in consistent, and as a result, unconstitutional as defined by the United States Supreme Court.
ContributorsPerez-Vargas, Maricarmen Contreras (Author) / Cavender, Gray (Thesis director) / Corey, Susan (Committee member) / Barrett, The Honors College (Contributor) / School of International Letters and Cultures (Contributor) / School of Social Transformation (Contributor) / Sandra Day O'Connor College of Law (Contributor)
Created2015-05
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With a prison population that has grown to 1.4 million, an imprisonment rate of 419 per 100,000 U.S. residents, and a recidivism rate of 52.2% for males and 36.4% for females, the United States is facing a crisis. Currently, no sufficient measures have been taken by the United States to

With a prison population that has grown to 1.4 million, an imprisonment rate of 419 per 100,000 U.S. residents, and a recidivism rate of 52.2% for males and 36.4% for females, the United States is facing a crisis. Currently, no sufficient measures have been taken by the United States to reduce recidivism. Attempts have been made, but they ultimately failed. Recently, however, there has been an increase in experimentation with the concept of teaching inmates basic computer skills to reduce recidivism. As labor becomes increasingly digitized, it becomes more difficult for inmates who spent a certain period away from technology to adapt and find employment. At the bare minimum, anybody entering the workforce must know how to use a computer and other technological appliances, even in the lowest-paid positions. By incorporating basic computer skills and coding educational programs within prisons, this issue can be addressed, since inmates would be better equipped to take on a more technologically advanced labor market.<br/>Additionally, thoroughly preparing inmates for employment is a necessity because it has been proven to reduce recidivism. Prisons typically have some work programs; however, these programs are typically outdated and prepare inmates for fields that may represent a difficult employment market moving forward. On the other hand, preparing inmates for tech-related fields of work is proving to be successful in the early stages of experimentation. A reason for this success is the growing demand. According to the U.S. Bureau of Labor Statistics, employment in computer and information technology occupations is projected to grow 11 percent between 2019 and 2029. This is noteworthy considering the national average for growth of all other jobs is only 4 percent. It also warrants the exploration of educating coders because software developers, in particular, have an expected growth rate of 22 percent between 2019 and 2029. <br/>Despite the security risks of giving inmates access to computers, the implementation of basic computer skills and coding in prisons should be explored further. Programs that give inmates access to a computing education already exist. The only issue with these programs is their scarcity. However, this is to no fault of their own, considering the complex nature and costs of running such a program. Accordingly, this leaves the opportunity for public universities to get involved. Public universities serve as perfect hosts because they are fully capable of leveraging the resources already available to them. Arizona State University, in particular, is a more than ideal candidate to spearhead such a program and serve as a model for other public universities to follow. Arizona State University (ASU) is already educating inmates in local Arizona prisons on subjects such as math and English through their PEP (Prison Education Programming) program.<br/>This thesis will focus on Arizona specifically and why this would benefit the state. It will also explain why Arizona State University is the perfect candidate to spearhead this kind of program. Additionally, it will also discuss why recidivism is detrimental and the reasons why formerly incarcerated individuals re-offend. Furthermore, it will also explore the current measures being taken in Arizona and their limitations. Finally, it will provide evidence for why programs like these tend to succeed and serve as a proposal to Arizona State University to create its own program using the provided framework in this thesis.

ContributorsAwawdeh, Bajis Tariq (Author) / Halavais, Alexander (Thesis director) / Funk, Kendall (Committee member) / School of Social and Behavioral Sciences (Contributor, Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
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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

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