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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

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
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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

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
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The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to

The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to marginalize and stigmatize the race. Such attempts have extended to youth in schools creating an environment of fear. This fear limits the academic potential of young Hispanics who are wary of government officials and institutions. Arizona has also failed to provide appropriate funding for programs used predominantly by Hispanic students leaving them unprepared for a workplace that desperately needs them. Finally, Arizona has refused to allow course content with a record of increasing academic achievement and graduation rates amongst Hispanics to be taught in schools. Taken as a whole Arizona's efforts are creating a cadre of unskilled and unprepared laborers who will be desperately needed to take jobs in the Arizona economy in the coming years. This blatant disregard for the educational needs of a large segment of the population will have a devastating impact on Arizona's future.
ContributorsSmith, Jason Ryan (Author) / Davis, T. J. (Thesis director) / Ovando, Carlos (Committee member) / Tsosie, Rebecca (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-12
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Description
Contributing to the small but growing body of research on linguistic discrimination in legal settings, this thesis conducts a sociolinguistic investigation of the impact of an individual's accent on juror perceptions of defendant favorability and innocence. The study used an online questionnaire in which sixty mock jurors were each asked

Contributing to the small but growing body of research on linguistic discrimination in legal settings, this thesis conducts a sociolinguistic investigation of the impact of an individual's accent on juror perceptions of defendant favorability and innocence. The study used an online questionnaire in which sixty mock jurors were each asked to evaluate the audio testimony of a defendant representing one of three English ethnolects: African American, British South African, or Caucasian American. In addition to rating the defendant's persuasiveness, honesty, credibility, trustworthiness, and guilt, participants were also asked to determine an appropriate punishment (if any) for the defendant. Results indicate a preference of participants to issue an unsure or caveat opinion for the African American speaker but not to the British South African or Caucasian American speaker. The implications of these findings, as well as the correlations between each variable are discussed. The paper concludes with a recommendation for legal training and a revision of courtroom practices.
ContributorsMaerowitz, Max Robert (Author) / Prior, Matthew (Thesis director) / Adams, Karen (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Department of English (Contributor)
Created2014-05
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Description
The aim of this thesis is to explore the relationship between architecture and history in Virginia from 1607 to the eve of the American Revolution to create a complete historical narrative. The interdependency of history and architecture creates culturally important pieces and projects the colonist's need to connect to the

The aim of this thesis is to explore the relationship between architecture and history in Virginia from 1607 to the eve of the American Revolution to create a complete historical narrative. The interdependency of history and architecture creates culturally important pieces and projects the colonist's need to connect to the past as well as their innovations in their own cultural exploration. The thesis examines the living conditions of the colonists that formed Jamestown, and describes the architectural achievements and the historical events that were taking place at the time. After Jamestown, the paper moves on to the innovations of early Virginian architecture from Colonial architecture to Georgian architecture found in Williamsburg. Conclusively, the thesis presents a historical narrative on how architecture displays a collection of ideals from the Virginian colonists at the time. The external display of architecture parallels the events as well as the economic conditions of Virginia, creating a social dialogue between the gentry and the common class in the colony of Virginia.
ContributorsChang, Hosu (Author) / Gray, Susan (Thesis director) / O'Donnell, Catherine (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / School of Social Transformation (Contributor)
Created2015-05
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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

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
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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

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
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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

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
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Description
The project follows a recent issue between the U.S. and Mexico concerning the shared use of the transborder Santa Cruz River. The situation remains unresolved and the long-term sustainability of the river is unknown. The study is based on an analysis of scholarly research and interviews pulling from three fields:

The project follows a recent issue between the U.S. and Mexico concerning the shared use of the transborder Santa Cruz River. The situation remains unresolved and the long-term sustainability of the river is unknown. The study is based on an analysis of scholarly research and interviews pulling from three fields: Law, social science, and the environment. The project explores potential solutions from multiple levels of governance, and contextualizes the issue in terms of the people affected on both sides of the border.
ContributorsSimons, Amelie Christine (Author) / Haglund, LaDawn (Thesis director) / Lara-Valencia, Francisco (Committee member) / Sass, Sherry (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2013-05
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Description

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

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.

ContributorsCaldwell, Rachel Lillian (Author) / Hoekstra, Valerie (Thesis director) / Bender, Paul (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Social Transformation (Contributor, Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05