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A Clash of United States-United Kingdom Criminal Justice Systems: A Way Forward to Better Justice

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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

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.

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2019-05

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Artificial Intelligence & Its Implications for the Modern American Legal System

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It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same

It is interesting to reflect that the American legal system has not seriously applied any significant technological advances in many decades. It is fascinating that the same processes used to draft a will or estate plan are virtually the same as they were in the 1960’s. This seems to be a problem that should be concerning in this modern age. We would be hard pressed to observe doctors in the U.S. currently performing medical procedures as they would have in 1960 considering the technological advancements that have taken place in society since then. Many of the processes in the legal system are extremely static and even archaic. It seems to be an opportune time to revolutionize the whole system as advancements continue; but, this revolution must take into account both the positive and negative repercussions that are possible moving forward.

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2020-05

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The Role of Implicit Gender Bias in the Courtroom

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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

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.

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2017-05

Integrating Purchasing and Contract Law in Supply Chain Management Education

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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

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.

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2017-12

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Measuring the Double-Edged Sword: Does Scientifically Deterministic Evidence Protect or Punish Criminals?

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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

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.

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2014-05

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How Should I Sentence Her? It Depends on How Much She Is Worth to Me

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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

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.

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2015-05

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Spotify Streaming Controversies: Royalty Payout Issues, Licensing, and Solutions

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Music streaming services have affected the music industry from both a financial and legal standpoint. Their current business model affects stakeholders such as artists, users, and investors. These services have been scrutinized recently for their imperfect royalty distribution model. Covid-19

Music streaming services have affected the music industry from both a financial and legal standpoint. Their current business model affects stakeholders such as artists, users, and investors. These services have been scrutinized recently for their imperfect royalty distribution model. Covid-19 has made these discussions even more relevant as touring income has come to a halt for musicians and the live entertainment industry. <br/>Under the current per-stream model, it is becoming exceedingly hard for artists to make a living off of streams. This forces artists to tour heavily as well as cut corners to create what is essentially “disposable art”. Rapidly releasing multiple projects a year has become the norm for many modern artists. This paper will examine the licensing framework, royalty payout issues, and propose a solution.

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2021-05

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Ebbs, Flows, and Floods: How the South African National Water Act has fared in achieving its equity and sustainability goals

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The threat of global climate change to the world’s water resources has jeopardized access to clean drinking water across the world and continues to devastate biodiversity and natural life globally. South Africa operates as a useful case study to understand

The threat of global climate change to the world’s water resources has jeopardized access to clean drinking water across the world and continues to devastate biodiversity and natural life globally. South Africa operates as a useful case study to understand and analyze the effectiveness of public policy responses to the perils of climate change on issues of water access and ecosystem preservation. After the new South African Constitution was enacted in 1997, protecting water resources and ensuring their equitable distribution across the nation’s population was a paramount goal of the young democratic government. The National Water Act was passed in 1998, nationalizing the country’s water infrastructure and putting in place programs seeking to ensure equitable distributive and environmental outcomes. Thus far, it has failed. Access to South Africa’s water resources is as stratified as access to its economy; its aquatic ecosystems remain in grave danger; and many of the same problems of South Africa’s Apartheid era still plague its efforts to create an equitable water system. Decision-making power continues to be concentrated in the hands of the wealthy, at the expense of historically marginalized groups, whose voices are still not adequately heard. Corporate actors still exert undue influence over legislative policy that favors economic growth over environmental sustainability. The looming threat of climate change is exponentially increasing the chances of disasters like Cape Town’s 2018 feared ‘Day Zero’. The National Water Act’s noble intentions were never actualized, and therefore the people of South Africa remain in serious danger of acute and chronic threats to their water supply.

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2021-05

The CARES Act: Analyzing America's $2 Trillion Stimulus Package and Investing the Motivations and Results of the PPP Loan Program

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The PPP Loan Program was created by the CARES Act and carried out by the Small Business Administration (SBA) to provide support to small businesses in maintaining their payroll during the Coronavirus pandemic. This program was approved for $350 billion,

The PPP Loan Program was created by the CARES Act and carried out by the Small Business Administration (SBA) to provide support to small businesses in maintaining their payroll during the Coronavirus pandemic. This program was approved for $350 billion, but this amount was expanded by an additional $320 billion to meet the demand by struggling businesses, since initial funding was exhausted under two weeks.<br/><br/>Significant controversy surrounds the program. In December 2020, the Department of Justice reported 90 individuals were charged for fraudulent use of funds, totaling $250 million. The loans, which were intended for small business, were actually approved for 450 public companies. Furthermore, the methods of approval are<br/>shrouded in mystery. In an effort to be transparent, the SBA has released information about loan recipients. Conveniently, the SBA has released information of all recipients. Detailed information was released for 661,218 recipients who have received a PPP loan in excess of $150,000. These recipients are the central point of this research.<br/><br/>This research sought to answer two primary questions: how did the SBA determine which loans, and therefore which industries are approved, and did the industries most affected by the pandemic receive the most in PPP loans, as intended by Congress? It was determined that, generally, PPP Loans were approved on the basis of employment percentages relative to the individual state. Furthermore, in general, the loans approved were approved fairly, with respect to the size of the industry. The loans, when adjusted for GDP and Employment factors, yielded a clear ranking that prioritized vulnerable industries first.<br/><br/>However, significant questions remain. The effectiveness of the PPP has been hindered by unclear incentives and negative outcomes, characterized by a government program that has essentially been rushed into service. Furthermore, limitations of available data to regress and compare the SBA's approved loans are not representative of small business.

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2021-05

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The Evolution of the Insanity Defense and Proposals for Reform

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This thesis explores the evolution of the insanity defense throughout legal history beginning with ancient Greek and Roman times. Ideas about treating the insane separate from the sane in a criminal proceeding were first expressed by famous philosophers such as

This thesis explores the evolution of the insanity defense throughout legal history beginning with ancient Greek and Roman times. Ideas about treating the insane separate from the sane in a criminal proceeding were first expressed by famous philosophers such as Plato and Aristotle. The insanity defense was codified into the Justinian Code under Roman Law, but there was no criteria to distinguish who was insane and who was not. From the 14th to 19th centuries, a number of insanity tests were developed in English common law, resulting in the milestone M’Naghten rules, which became the basis for the insanity defense as it exists in the United States today. This paper explores how M’Naghten can be interpreted, what it does well, and its criticism. The thesis then explores how a number of other insanity defense standards rose in the United States, including the Irresistible Impulse Test, the New Hampshire test, the Durham test, the Model Penal Code, the Insanity Defense Reform Act, Guilty but Mentally Ill, and abolishing the insanity defense all together. The thesis asserts why all of these standards fall short of providing adequate protections for the insane in the criminal justice system and do not accurately define legal insanity. There is an analysis of both the theoretical and practical implications of trending alternate proposals for the insanity defense, including the Mental Illness Contribution Defense and Not Criminally Responsible By Reason of Recognized Medical Condition. Then, an argument is presented for the proposal for a new standard for insanity incorporating the ideas of philosopher Herbert Fingarette.

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2020-05