Matching Items (14)
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- All Subjects: Law
- Creators: Sandra Day O'Connor College of Law
- Creators: Department of Psychology
- Creators: Anand, Rohan
- Member of: Barrett, The Honors College Thesis/Creative Project Collection
- Resource Type: Text
Description
Previous studies exploring variability in sentencing decisions have consistently found gender differences, such that women receive lighter sentences than men. In the proposed study, I present a new framework for understanding gender differences in sentencing preferences, including circumstances under which no gender differences should emerge. The Affordance Management Approach suggests that our minds are attuned to both group- and individual-level threats and opportunities that others afford us. I conceptualize the sentencing difference between men and women as driven by perceived affordances that assist or hinder an individual in achieving certain fundamental goals. When faced with sanctioning an offender in our community, the offender's sex, the victim's age, and environmental variables such as the ratio of men to women may influence our decision-making, because these factors have affordance implications. Thus, I hypothesized that individuals will express differences in the sentencing of offenders who commit assault, and that these differences vary by offender sex, victim age, and sex-ratio. The results indicate that, as predicted, female offenders received lighter sentencing than men when the offender committed an assault against a same-sex adult, but received equally punitive sentences as men when the assault was committed against a child. In general, results do not support a consistent effect of sex ratio as a factor when making sentencing decisions. Although results do not fully support the current study's specific hypotheses, there remains much to be gained from applying an affordance management perspective to understanding variability in sentencing between the sexes.
ContributorsUzzanti, Charlene Ann (Author) / Neuberg, Steven (Thesis director) / Knight, George (Committee member) / Salerno, Jessica (Committee member) / Barrett, The Honors College (Contributor) / School of Criminology and Criminal Justice (Contributor) / Department of Psychology (Contributor)
Created2015-05
Description
Scientists, lawyers, and bioethicists have pondered the impact of scientifically deterministic evidence on a judge or jury when deciding the sentence of a criminal. Though the impact may be one that relieves the amount of personal guilt on the part of the criminal, this evidence may also be the very reason that a judge or jury punishes more strongly, suggesting that this type of evidence may be a double-edged sword. 118 participants were shown three films of fictional sentencing hearings. All three films introduced scientifically deterministic evidence, and participants were asked to recommend a prison sentence. Each hearing portrayed a different criminal with different neurological conditions, a different crime, and a different extent of argumentation during closing arguments about the scientifically deterministic evidence. Though the argumentation from the prosecution and the defense did not affect sentencing, the interaction of type of crime and neurological condition did.
ContributorsMeschkow, Alisha Sadie (Author) / Schweitzer, Nicholas (Thesis director) / Robert, Jason (Committee member) / Patten, K. Jakob (Committee member) / Barrett, The Honors College (Contributor) / Department of Psychology (Contributor)
Created2014-05
Description
Certain laws relating to self-defense were created known as "Stand Your Ground" laws. The public has interpreted these laws in ways that expand them beyond their original scope. To gain an understanding of self-defense laws, a look at the origins of self-defense is needed. Following the historical background, several cases will be examined that illustrate how the public has interpreted "Stand Your Ground" laws, and how these interpretations clash with elements of self-defense. Several philosophical principles including natural rights, the social contract, and some form of utilitarianism, will be discussed in relation to "Stand Your Ground" laws. A possible conclusion can be drawn that by misinterpreting "Stand Your Ground" laws, people compromise the philosophical ideals they hold, and infringe on other people's natural rights, break the social contract, and create societal unhappiness. Finally, some people are calling for reform of "Stand Your Ground" laws. These reforms focus on correcting public perception of "Stand Your Ground" laws.
ContributorsSmith, Geramya Joseph (Author) / Sigler, Mary (Thesis director) / Stanford, Michael (Committee member) / Kader, David (Committee member) / Barrett, The Honors College (Contributor) / Sandra Day O'Connor College of Law (Contributor) / W. P. Carey School of Business (Contributor)
Created2013-05
Description
The Freedom of Information Act (1966), an amendment altering Section Three of the Administrative Procedure Act (1964), outlines the rules and regulations for United States citizens to obtain federal government records. The act, written with the guidance of journalists, was created for all members of the public, but with the intent that the press would be the primary users of the legislation. The authors of the act believed the press would utilize FOIA to enhance its ability to accomplish its duty of keeping the public informed. Now, 51 years after the act was passed into law, critics say FOIA has not satisfactorily allowed the press or the public in general to inform and be informed. Issues with demand rates, unorganized systems and subjective interpretations of the act have combined to lock information from public access through an act that was intended to be the key to it. The data from annual federal agency FOIA reports to the attorney general from 2008 to 2015 have indicated that, in multiple metrics, FOIA has increasingly struggled to fulfill and often has failed to provide records to requesting parties. These trends have inspired a discussion among journalists and right-to-information advocates about how to best resolve the issues that have contributed to them. Proposed solutions range from adjustments to requesters' approaches to the act, amendments to the act and even abandoning the act entirely in favor of constructing a new law.
ContributorsPrime, Tyler Scott (Author) / Russomanno, Joseph (Thesis director) / Douglas, Anderson (Committee member) / School of Community Resources and Development (Contributor) / Walter Cronkite School of Journalism and Mass Communication (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Information Systems (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
My thesis explores the role that implicit gender bias plays in the courtroom. From personal experience, I have seen the way that gender has been a factor in the courtroom as a result of both competing in and coaching Mock Trial. As a competitor, my gender was always a factor in that I was told that I couldn't do something because I am female. As a coach, I found myself reinforcing these ideas of gender because that was what I was taught, even though I didn't agree with them. I decided to explore the role of gender in the courtroom using Mock Trial as a framework to study how implicit gender biases is present. As a result of my research, I argue that implicit gender bias is present in the courtroom, and that these biases create barriers for female success. I have conducted research based on a variety of sources, beginning with looking at the role women have historically played in the courtroom to current issues facing women attorneys today. I have researched the role of implicit gender bias and studied how these biases impact women and hinder their success. I conducted research through distribution of the coach survey and analyzed the responses. From these finding I have concluded that implicit gender bias is a factor in the courtroom and that these biases tend to negatively affect women competitors. I conclude that that more research and studies need to be done to make individuals aware of how implicit gender bias functions in the courtroom and how coaches in Mock Trial may be contributing to the reinforcement of these biases.
ContributorsDuarte Luna, Ariana Maria (Author) / Stoff, Laurie (Thesis director) / Amazeen, Nia (Committee member) / Department of Psychology (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
Bad Samaritans are bystanders who omit from preventing some foreseeable harm when doing so could have been accomplished with little risk. Although failing to intervene to prevent a harm often renders Bad Samaritans morally culpable, under current common law in the United States they could not be held criminally liable for any harm that resulted to the victims of that harm. In this paper I argue for the criminalization of individuals who fall under this label; I argue for the adoption of Bad Samaritan laws. To accomplish this, I first argue for the conclusion that omissions can causally contribute to harm. From here I am able to reach three further conclusions relative to Bad Samaritan legislation. These three conclusions are that Bad Samaritan laws are justified, that the punishment for the violation of a Bad Samaritan law should be proportional to the degree culpability for the harm caused, and that if "commission by omission" statutes are justified, then so too are Bad Samaritan laws.
ContributorsCallahan, Ty William (Author) / Sigler, Mary (Thesis director) / Murphy, Jeffrie (Committee member) / Botham, Thad (Committee member) / Barrett, The Honors College (Contributor) / Chemical Engineering Program (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
Description
Protection orders are a common remedy for victims of domestic violence in Arizona, but problems of access and unnecessary complexity can prevent these orders from achieving their full potential impact. Through interviews with court officials and advocates, data collected from survivors of domestic violence and observation of court proceedings, this study takes a comprehensive look at how to make protection orders as effective and accessible as possible. This analysis concludes with a series of recommendations to improve the protection order process and guidelines for the information to be included in a comprehensive resource to help plaintiffs through the process.
ContributorsDavis, Lauren Elise (Author) / Durfee, Alesha (Thesis director) / Messing, Jill (Committee member) / Buel, Sarah (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-05
Description
For decades, firms and individuals have utilized written documents to aid in the negotiation of, and completion of, business transactions. One such document is known as a "letter of intent." A letter of intent is often in the form of a letter that serves to evidence preliminary discussions and aid in negotiations between parties. They are generally intended to be "non-binding," meaning neither party will be bound by terms or conditions set forth in the letter of intent unless formal documents are later prepared and executed by the parties. Letters of intent take myriad forms and names, such as "memorandum of understanding," "proposal letter," and "letter of interest." They have been used in many areas of business, including finance, real estate, and supply chain management. Parties often choose to use a letter of intent for varied benefits it may provide, memorializing preliminary discussions, establishing a timeline for negotiations, seeing whether there are any "deal breakers" among terms being proposed, confirming that a party is serious about a deal, or putting moral pressure on the other party to continue negotiations. However, letters of intent carry with them a significant level of risk, which raises the question of whether or not they should be used at all. Many of the risks associated with the use of a letter of intent stems from the potential for a court to find that a letter of intent constitutes a binding agreement, or creates a duty of the parties to continue negotiations in good faith. Parties to a letter of intent may later disagree as to whether they intended all of the terms, or a particular provision, to be legally binding and enforceable, resulting in legal action. Even if a court finds that a letter of intent does not constitute a binding contract, a party may be able to recover damages under a number of legal theories, such as breach of a duty to negotiate in good faith or promissory estoppel. The use of letters of intent is therefore risky, and ultimately, the risks may outweigh the benefits of utilizing letters of intent. This thesis studies the types, uses, benefits, and risks associated with the use of letters of intent, including an examination of statutes and cases that have been applied by courts in disputes surrounding their use. Ways to mitigate the risks of use are also examined including simple practices such as not signing a letter of intent and using a separate document for any terms which must be binding, such as a "no shop" clause. A proposed legislative solution is also discussed that would prevent letters of intent not explicitly intended to be binding and meeting statutory requirements from being enforced in court, thereby substantially reducing the risks associated with the use of letters of intent.
ContributorsGilman, Alexander James (Author) / Birnbaum, Gary (Thesis director) / Stein, Luke (Committee member) / Claus, Scot (Committee member) / Department of Finance (Contributor) / W. P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
Through research, interviews, and analysis, our paper provides the local community with a resource that offers a comprehensive collection of insight into the Mirabella at ASU Life Plan Community and the projected impact it will have on the City of Tempe and Arizona State University.
ContributorsStephens, Corey Christopher (Co-author) / Dicke, George (Co-author) / Anand, Rohan (Co-author) / Sadusky, Brian (Thesis director) / Schiller, Christoph (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Finance (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
Through research, interviews, and analysis, our paper provides the local community with a resource that offers a comprehensive collection of insight into the Mirabella at ASU Life Plan Community and the projected impact it will have on the City of Tempe and Arizona State University.
ContributorsAnand, Rohan (Co-author) / Dicke, George (Co-author) / Stephens, Corey (Co-author) / Sadusky, Brian (Thesis director) / Schiller, Christoph (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of Finance (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05