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- Creators: Barrett, The Honors College
- Creators: Neal, Tess M.S.
Description
After the landmark case, Gideon v Wainwright was heard by the United States Supreme Court in 1963, the 6th Amendment granted counsel to indigent defendants. However, since 1963 the United States population has skyrocketed and so have arrest rates leaving many public defenders underpaid and overworked. Knowing these facts Can Justice be Bought uses interviews, real-life stories, and research to determine if the 6th Amendment is upheld in the way the system is currently working, and are indigent defendants given a fair chance at trial. After an overview of public defense in the United States as a whole, it becomes clear that in many states the way the system is operating gives them less than a fair chance at justice. This, however, is not from a lack of effort from public defenders, they are simply just so overworked by exorbitant caseloads that they cannot possibly give each of their cases the time it deserves. However, not all indigent defense systems were created equal, states like Maryland have a number of resources for their public defenders that set them up for success. In order to close the gap between private counsel and public defense in the United States, public defenders’ offices should begin to allocate more funding in order to lighten their defenders’ caseloads as well as to provide them with resources such as expert witnesses and social workers. Funding is not found overnight, so in the meantime, the implementation of “participatory defense” can also help close the gap. The advantage of wealth is not found only in the courtroom but through nearly every part of the criminal justice system. From bail to parole, wealthier defendants typically see higher rates of success and lower rates of recidivism due to their ability to pay for these programs.
ContributorsAyd, Olivia (Author) / Koretz, Lora (Thesis director) / Moore, James (Committee member) / Dean, W.P. Carey School of Business (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
Description
The United States (USA) and the United Kingdom (UK) have a long and complicated history, but through this they have learned an abundance of things from each other. In this paper, I will argue that the two countries still have much to learn from each other to this day about how to enforce the law and manage crime. An important structure that the United Kingdom helped influence the United States in was the development of their criminal justice system. Although the two country’s values differ, there are great similarities in the ways the two countries deal with crime but numerous differences as well. Looking deeper into the differences between the two systems can help future research identify new and innovative ways to combat crime and actively reduce crime rates. This paper will compare violent crime rates in the USA and UK for four years (2014, 2015, 2016, 2017). Doing so will provide evidence regarding the degree to which the police in each country have been able to effectively enforce the law. After evaluating these differences, I will conclude with a discussion of the key items that I believe each country should take from the other to create a path forward to better justice. Our societies are constantly evolving, creating a necessity to progress our laws and aspects of the criminal justice system, and examining internal workings will only tell so much. There is never a reason to stop learning from each other, which is why this type of research is important.
ContributorsEubanks, Hannah E. (Author) / Spohn, Cassia (Thesis director) / Fradella, Hank (Committee member) / Department of Psychology (Contributor) / School of Criminology and Criminal Justice (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
This paper will discuss how USA Gymnastics (USAG), Michigan State University (MSU), and the United States Olympic Committee (MSU) failed to properly investigate and take corrective action of former physician and now convicted serial pedophile, Larry Nassar. This includes a description of the powerful individuals who worked with or oversaw Nassar, how they received complaints of his sexual assault, and an explanation of the institutional environment that fostered a culture of silence and obedience. To provide a comparative analysis, this paper will analyze other athletic organizations (such as USA Swimming and USA Diving) which are also overseen by the USOC in order to compare their previous cases and reactions to sexual assault. This will be followed by recommended corrective policies for athletic organizations if claims of sexual assault arise. These policies and procedures will aim to prevent sexual assault in the future, reduce any culture of silence and vulnerability within similar organizations, and hopefully be implemented throughout athletic organizations everywhere.
ContributorsUdowitch, Heather Lynne (Co-author) / Udowitch, Heather (Co-author) / Lynk, Myles (Thesis director) / Hooper, Dana (Committee member) / Garner-Smith, Deana (Committee member) / Sandra Day O'Connor College of Law (Contributor) / Department of Marketing (Contributor) / Barrett, The Honors College (Contributor)
Created2019-12
Description
This paper explores the relationship between social and cultural capital and the experience of Asian Americans in law school and after graduating from law school. Bourdieu’s (1986) conceptualizations of institutional cultural capital, embodied cultural capital, and social capital guide this analysis. Two electronic surveys resulted in participation by fourteen Asian American law students and nine Asian American law school graduates from American Bar Association-accredited law schools in the United States. The research design is qualitative, and a partial grounded theory approach based upon Charmaz’s (2006) work was utilized. Thematic coding, line-by-line coding, and focused coding were also used to analyze survey responses. Results demonstrate that there is a relationship between social and cultural capital and the experience of Asian Americans in law school and post-law school graduation. Institutional cultural capital, in the form of J.D. degrees, seems to influence the development of embodied cultural capital and social capital, particularly when considering membership in groups and forming personal and professional connections. When considering embodied cultural capital, family members appear to influence important personal characteristics that participants carry into law school and the workplace. These results may have implications for the larger trend of Asian Americans leaving large law firms; in addition, perceptions of embodied cultural capital may influence barriers to career advancement. Suggested areas for future research include the role of mentorship in Asian American career development, patterns within specific Asian American ethnic/cultural groups in the legal field, and the intersection of gender and Asian American identities in legal practice.
ContributorsSu, Yuhong (Author) / Nakagawa, Kathryn (Thesis director) / Broberg, Gregory (Committee member) / School of Social Transformation (Contributor, Contributor, Contributor) / Economics Program in CLAS (Contributor) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2019-12
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
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
The Dynamic Landscape of Abortion Law in the United States explores the ways abortion laws have changed in the United States over the course of US history. Abortion laws in the US have historically been fluid, changing in ways both big and small. Those changes can occur after advances in science, changes in understanding, or changes in public opinion. And there have been various periods in the history of the US where tolerance abortion waxed or waned, and common law reflected those attitudes. Roe v. Wade was a pivotal moment in the history of abortion law that accomplished much in the way of broadening women's access to abortions. But Roe v. Wade was not the beginning or the end of the fight for abortion rights in the US. There were legal abortions prior to Roe v. Wade and illegal abortions after. Roe v. Wade granted that women had a constitutional right to have an abortion but the ruling left the boundaries of that right somewhat undefined and most courtroom battles over abortion laws are fought over where a woman's right to an abortion ends and a States right to regulate and protect fetal life begin. Much change has occurred in abortion laws over the past 50 years, this thesis tracks those changes principally through Supreme Court Cases, such as United States v. Milan Vuitch, Roe v. Wade, and Gonzales v. Planned Parenthood among others. The landscape of abortion law in the US continues to shift today, as recently as 2017 with Plowman v. FMCH cases were being heard in courts that wrought subtle yet important changes in abortion law.
ContributorsHigginbotham, Victoria Ashliegh (Author) / Maienschein, Jane (Thesis director) / Abboud, Alexis (Committee member) / Abboud, Carolina (Committee member) / School of Life Sciences (Contributor) / Barrett, The Honors College (Contributor)
Created2018-05
Description
Having studied at Arizona State University and the W.P. Carey School of Business through approximately 7 semesters of undergraduate business coursework, I, along with my classmates, have learned an incredible amount of knowledge critical for success in a career in business administration. We have been provided the resources and tools necessary to excel in full time business careers, implement new ideas, and innovate and improve preexisting business networks as driven, motivated business intellectuals. Additionally, having worked in four diverse business internships throughout my undergraduate career, I have come to understand the importance of understanding and studying law and contracts as they relate to business. In all of those internships, I worked extensively with a variety of contracts and agreements, all serving critical purposes within each individual line of business. Within supply chain management studies and jobs, I found contracts to be of utmost importance for students to understand prior to entering a full time job or internship. Students study a wide variety of topics during their education within the Supply Chain Management department at Arizona State University. In procurement and purchasing classes specifically, students cover topics from supplier negotiation strategies to sourcing and sustainability. These topics engage students of all backgrounds and offer exceptional knowledge and insight for those seeking a full time job within supply chain management. What is interestingly so often excluded from such lectures is discussion with regards to the contracts and laws pertinent to purchasing and supply management success. As most procurement and sourcing professionals know, contracts are the basis for all agreements that a company and supplier may engage in. A critical component within the careers of supply managers, contract law provides the foundation for any agreement. Thus, the necessity for a discussion on how to best integrate purchasing and contract law into undergraduate supply chain management education, including depicting the material that should be covered, is permitted. In my Honors Thesis, I have decided to create an informative lecture and outline that can be readily understood by undergraduate students in supply chain management courses, at the benefit of professors and lecturers who wish to utilize and incorporate the material in their classroom. The content consists of information recommended by industry professionals, relevant real-life procurement and contract law examples and scenarios, and universal and common law relevant to contracts and purchasing agreements within the workplace. All of these topics are meant to prepare students for careers and internships within supply chain management, and are topics I have found lack current discussion at the university level. Additionally, as a part of my Honors Thesis, I was given the opportunity to provide a cohesive lecture and present the topics herein in SCM 355 Purchasing classes. This was an opportunity to present to students topics that I feel are currently underrepresented in college courses, and that are beneficial for business students to learn and fully understand. Topics discussed in this interactive lecture and slideshow extracted information from the lecture template.
ContributorsPakula, Jacqueline Rose (Author) / Gilmore, Bruce (Thesis director) / Guy, Shannon (Committee member) / Department of Finance (Contributor) / Department of Supply Chain Management (Contributor) / Barrett, The Honors College (Contributor)
Created2017-12
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
This report analyzes the intersection that is present between law and technology. It covers the basics of patents and intellectual property law, and then touches briefly about the software side of patent law. The future of patent and technology law are explored as well. The main focus of this report is the patent that was created for a beacon that provides for a full enterprise resource planning solution at both supply chain and full business levels.
ContributorsShah, Dhara Vimesh (Author) / Michelle, Gross (Thesis director) / Stevens, Yvonne (Committee member) / Department of Information Systems (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12