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- All Subjects: Mock Jurors
- Creators: Schweitzer, Nick
Description
From its founding, the United States has always claimed to be a nation of immigrants, yet in the past century the issue of immigration has become an even more contentious political issue surrounded by heated rhetoric filled with passion, but devoid of information. This thesis hopes to interrupt this rhetoric with a thorough analysis of immigration politics in Arizona through a legal lens, a theoretical lens and an empirical lens. While this thesis by no means looks at all facets of immigration politics, it informs in a manner that adds depth by providing information on the history behind, and legal arguments surrounding, the most contentious piece of immigration legislation in the United States at the moment. It then provides a theoretical analysis of how immigration legislation has created carceral networks and a panoptic gaze in Arizona specifically. It ends with a recommendation for further empirical research to partner with both the legal and theoretical frameworks. This thesis concludes that, fortified with over a century of case law, the plenary power doctrine is unwavering, and it makes federal immigration legislation an overly powerful tool in our political system from which the courts can offer little if any protection. Congress walks a fine line between preempting immigration regulation and devolving immigration regulation. SB 1070 and the 287(g) program are two contested areas of immigration regulation, which both exhibit and alter the power relationships of immigration politics in Arizona. Additionally, the application of the theories of Michel Foucault illuminates the power relationships at play in Arizona - from the power relationships among nation states in the broader political arena of geopolitics and colonialism to the face-to-face power relationship between a police officer and a stopped/detained/arrested person in a Foucauldian carceral network. This thesis ends with a call for empirical research that would yield an opportunity to analyze these relationships. This thesis discusses the importance of empirical study. It situates the study within the genre of surveillance studies and its theorists. It analyzes similar studies, and identifies the variables the most illuminating for this analysis. This thesis is written in the hope that a researcher will pick up where this thesis has left off.
ContributorsBycura, Marquette (Author) / Schweitzer, Nick (Thesis advisor) / Vargas, Perla (Committee member) / Simmons, William (Committee member) / Arizona State University (Publisher)
Created2011
Description
This study compared mock jurors' verdict decisions regarding three different insanity defenses that are used across jurisdictions in the United States' Criminal Justice System. Not Guilty By Reason of Insanity (NGRI), Guilty Except Insane (GEI) and Guilty But Mentally Ill (GBMI) all have different effects on the defendant and on the system, but little is known about how jurors' will use these different verdicts. This study used a vignette and online survey delivered through MTurk to see which of the three verdicts, if rendered, would be more preferable by the mock jurors. It was predicted that GEI (a "compromise" verdict with elements from both NGRI and GBMI) would be more favorable than NGRI (the most lenient) but less favorable that GBMI (the strictest). However, the findings indicated that lay people cannot tell the difference between the three insanity verdicts: an equal proportion of mock jurors in each condition chose the relevant insanity verdict. Limitations, implications, and future directions are discussed.
ContributorsSiso, Cassidy Brooke (Author) / Neal, Tess M.S. (Thesis director) / Schweitzer, Nick (Committee member) / School of Criminology and Criminal Justice (Contributor) / Hugh Downs School of Human Communication (Contributor) / Department of Psychology (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12