The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral appeal as well, exploring the implications of such a decision and the criteria that should be used to make the decision in the case before the court, Edwards v. Vannoy (2021). Ultimately, I find that because the criteria currently used to determine retroactivity of new criminal precedents does not provide a clear answer to the question posed in Edwards, the Court should give more weight to the defendant's freedoms pursuant to the presumption of innocence while considering the potential for any disastrous outcomes.
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.
Our thesis revolved around the Maryvale community and was centered by a Photovoice project that was a Youth Participatory Action Research method. Being a project led by the youth we continued their stories and expanded off of the topics that we discussed in our photovoice meetings. In our thesis podcast we discussed the expectation and reality of moving to a new country, the colorism our community as well as other communities face, and the health disparities that are present within underrepresented communities. We were able to expand on these topics and tie it back to the conversations we had with each other four years prior to doing our podcast and how little or how much these topics have changed and evolved.
Our thesis revolved around the Maryvale community and was centered by a Photovoice project that was a Youth Participatory Action Research method. Being a project led by the youth we continued their stories and expanded off of the topics that we discussed in our photovoice meetings. In our thesis podcast we discussed the expectation and reality of moving to a new country, the colorism our community as well as other communities face, and the health disparities that are present within underrepresented communities. We were able to expand on these topics and tie it back to the conversations we had with each other four years prior to doing our podcast and how little or how much these topics have changed and evolved.
Our thesis revolved around the Maryvale community and was centered by a Photovoice project that was a Youth Participatory Action Research method. Being a project led by the youth we continued their stories and expanded off of the topics that we discussed in our Photovoice meetings. In our thesis podcast we discussed the expectation and reality of moving to a new country, the colorism our community as well as other communities face, and the health disparities that are present within underrepresented communities. We were able to expand on these topics and tie it back to the conversations we had with each other four years prior to doing our podcast and how little or how much these topics have changed and evolved.