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- Creators: Barrett, The Honors College
Description
For the average person, the criminal justice system can be a bureaucratic and confusing process. It is for exactly these reasons, many defendants will choose to spend exorbitant amounts of money to prove their innocence or hide their guilt. Therefore, when thinking from an economic perspective, one begins to wonder whether or not the vast amounts of money allocated to building a legal defense, actually have statistical impact on the outcome of the sentence. Or, if perhaps it is the characteristics of the defendant, the case, or the judge that truly account for the determination of the final verdict.
ContributorsAndrews, Dane (Author) / McDowell, John (Thesis director) / Roberts, Nancy (Committee member) / Pratt, Travis (Committee member) / Barrett, The Honors College (Contributor)
Created2012-05
Description
The jury is a perfect example of American democracy in action. People convicted of crimes are put before a randomly-selected jury of their peers. This jury consists of people with a variety of backgrounds and experiences without any sort of specialized training. Ideally, this jury is representative of the population and does not have any biases towards the victim or the defendant. They view all evidence, hear all facts, and ultimately decide on a verdict. However, this system does not always create accurate outcomes. Often times and for a number of reasons, jurors are distracted in the courtroom. This can lead to incorrect verdicts, meaning that either guilty people walk free or innocent people are incarcerated. This paper will explore the idea of the distracted juror and ways to minimize these distractions so that the most accurate decision can be made during a trial. It will first examine the statistics behind jury inaccuracies as well as how other countries conduct their jury trials. It will then briefly explore grand juries and their differences between trial juries. This paper will analyze data from a survey conducted at the beginning of the project. It will then provide analyses of some possible reforms. This paper will conclude with how this research could be pursued further, why it should be pursued further, and how jury trials could look in the future.
ContributorsAnderson, Ethan David (Author) / Kirkpatrick, Jennet (Thesis director) / Valerie, Hoekstra (Committee member) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2018-12
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 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
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 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
Description
The purpose of this thesis is to examine the current atmosphere of genetic patent law and use economic theory to construct models which describe the consequences of the legal code. I intend to analyze the four specific cases of Diamond v. Chakrabarty, Association for Molecular Pathology v. Myriad Genetics, the Alzheimer's Institute of America v. Jackson Laboratory, and the harm caused by PGx Health's monopoly over the LQTS gene.
ContributorsVolz, Caleb Richard (Author) / DeSerpa, Allan (Thesis director) / Silverman, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Mathematical and Statistical Sciences (Contributor) / Department of Chemistry and Biochemistry (Contributor) / Economics Program in CLAS (Contributor)
Created2014-05
Description
Abstract Kicking the Habit: Reforming Mandatory Minimums for Drug Crimes Ashley Allen While mandatory minimum sentences apply to all drugs, in this paper, I primarily discuss them for marijuana, cocaine, and opiates since these drugs are the most commonly used. My paper will include an exploration of the reasons behind the implementation of mandatory minimum sentences, an analysis of the problems involved with enforcing them, and a discussion about the harms such enforcement has on communities. While mandatory minimums were introduced to prevent discrimination in sentencing as people of color often faced much harsher sentences, the minimums have not been a lasting solution; rather these sentencing techniques have become a major component of the problems communities face associated with drug use. They enforce negative stereotypes and cycles of drug use, do not promote rehabilitation, and unnecessarily burden the judicial and prison systems. I will discuss both successful and failed attempts to reform these laws, and finally offer possible solutions for rethinking mandatory minimum laws, including harm reduction, sentencing restructuring, and the reform of federal laws.
ContributorsAllen, Ashely (Author) / Henderson, Deborah (Thesis director) / Espino, Rodolfo (Committee member) / Walker, Michael (Committee member) / Barrett, The Honors College (Contributor)
Created2012-05
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
After having worked in the legal field for two years, I began to notice a pattern with clients. Several clients had an unrealistic view of the court system regarding trial proceedings. Oftentimes, I would come across clients that were perplexed by the idea of disclosing witnesses and exhibits to the opposing party before trial. They seemed to believe that evidence was only meant to be disclosed at the time of trial, so as to surprise the opposing side. This is just one of the many distorted ideas that several people have come to me with. I can see that clients feel upset and overwhelmed by how the reality of court differs from the court that they had been imagining. These patterns in client questions and realizations began my thinking of how to better raise awareness to Americans regarding realistic dealings in the courtroom. My desire to find a means to help people unfamiliar with the legal system better understand the rules of the court, paired with my love for card games, led me to create Judge and Jury, a card game about the legal system. Judge and Jury is a game that is meant to simplify concepts of the legal system through playing cards. Each rule in the game corresponds with real-life court rules and is meant to allow people to play out "court trials' through each round of the game. The correlations between the game rules and real-life court rules are subtle to keep players engaged and entertained. The subtleness allows players to grasp legal concepts without feeling overwhelmed. Game Website: https://judgeandjurygame.weebly.com/
ContributorsHomewood, Alexa (Author) / Eaton, John (Thesis director) / Wood, Robert (Committee member) / Department of Management and Entrepreneurship (Contributor) / W.P. Carey School of Business (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
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