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The Miller Trilogy, Jones, And The Future Of Juvenile Sentencing And Constitutional Interpretation In The Post-Jones America, Gabriela Seguinot

Senior Theses and Projects

The United States is an outlier in juvenile sentencing practices, often subjecting youth offenders to extreme and lengthy punishments. While the Supreme Court over the past two decades has been slowly narrowing the nation’s use of such sentences against children through a series of cases known as the Miller Trilogy, this progress came to a sudden halt in the 2021 case of Jones v. Mississippi. However, in surprising turn of events, the Supreme Court’s recent national display of restraint has not stopped sentencing reform efforts in the states. Contrary to the current Supreme Court, states in the U.S. have …

The Juris Master: A Proposal For Reducing Excessive Public Defender Caseloads, Blake Comeaux

Senior Honors Papers / Undergraduate Theses

The US public defense system is underfunded, understaffed, and underdelivering on the Constitutional promises of the 6^th Amendment, the right to a fair and speedy trial. This state of our public defense system results in monstrous impacts for indigent defendants nationwide. Through indefinite delays in litigation, being abandoned in jail while sitting on waiting lists for public defenders, and being outright denied representation, indigent defendants are deprived of their rights. Beyond just defendant neglect, our current system puts immense strain on public defenders, prosecutors, and state budgets. In an attempt to combat this current state of affairs, this paper …

Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli

Capstones

Jacob Rouse was 18 years old when he drove the getaway car that would define the rest of his life. He sat in his blue Ford Taurus, waiting to drive his three friends away from the scene of a robbery in Rochester, New York. Jacob was parked about a block away when one of his accomplices shot and killed 22-year-old Herschel Scriven, a local youth pastor and church organist.

He is now seeking clemency.

Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood

LLM Theses

The retributive justification of Canadian criminal law contains several assumptions about human nature that conflicts with what neuroscience has established regarding human behavior and the function of rationality. Interdisciplinary discourse on this conflict between law and neuroscience has unnecessarily implicated the free will debate and is further stagnated by epistemic cultural differences between the two disciplines. To avoid these roadblocks, this thesis applies the methodological principles of pragmatic philosophy. Rather than asking which description of human nature is true, pragmatic inquiry focuses on the difference either would make in practice. This analysis reveals that retributive folk psychology in practice causes …

Sentencing Persons Convicted Of Minor Offences In Ghana: Reducing Judicial Over-Reliance On Imprisonment, Nenyo Kwasitsu

LLM Theses

This thesis argues that there is overuse of imprisonment for minor offenders in Ghana. These are offenders whose punishments go up to 3 years of jail time, essentially offending mainly for reasons of material poverty. Statutory sentencing provisions have essentially limited judges to impose jail terms. It is argued that one way to decongest Ghana’s prisons is to consider the institutionalization of a regime of community service orders and probation, the administration of which would equip the offenders with income-earning skills while they also reform. Drawing on Kenya, a country that has achieved reasonable success in this reform effort, this …

The Risk Spiral Model: Systemic Factors That Feed Mass Incarceration, High Risk Behaviors, Hiv And Other Sexually Transmitted Infections For African American Males, Lauresa Washington Mccoy

MUSC Theses and Dissertations

The U.S. corrections system continues to have an over representation of black males. A long legacy of practices, including convict leasing, lynchings, and police brutality, have shaped the history of African American males and the criminal justice system (Mauer, 1999). Few studies exist on the impact of mass incarceration in African American communities and its contributory impact on the degradation of the public health infrastructure within these communities. In this qualitative study, the researcher will capture and analyze the flow of African American males before, during and after incarceration and the associated prevalence of Human Immunodeficiency Virus, other Sexually Transmitted …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed

Maurer Theses and Dissertations

The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

Lets Talk About Sexual Assault A Feminist Exploration Of The Relationship Between Legal And Experiential Discourses, Dana Erin Phillips

LLM Theses

This thesis challenges the tendency within feminist legal thought to imagine a sharp division between law and lived experience, and specifically between feminist methods that engage legal discourse and those that invoke grassroots narratives grounded in experience. In order to better elucidate the relationship between legal and experiential discourses, the author compares recent legal discourse on sexual assault focusing on two Supreme Court of Canada decisions with women's own accounts of sexual violence, as presented in mainstream news media in the wake of the 2014 Jian Ghomeshi story. The findings, examined through the lens of feminist scholarship, support a view …

Hard Incompatibilism And Criminal Law, Samantha M. Berthelette

UVM Patrick Leahy Honors College Senior Theses

It is widely believed that free will is a necessary condition for moral responsibility. Derk Pereboom's four-case manipulation argument offers good reason to believe that we do not have sort of free will. But if we cannot be held morally responsible for any of our actions, then there might be serious problems with the way our system of punishment is currently set up. This thesis explores that problem. I argue that if we cannot be held morally responsible for our actions, then we must either revise our notions of moral responsibility or we must revise our system of crime control. …

Understanding Evil: Reflections On Thought Action And Punishment, Tauseef Ahmed

Honors Theses

Actions are the basis for moral judgment. In this paper, I develop a concept of action that illustrates the differences between bad, evil, and sadistic actions. Using this theory of action, I apply it to punishment theory and the philosophy of criminal law. Bad and evil actions are defined by differences in their magnitude, as measured by the ability of the victim to recover from harm. I propose that sadistic actions comprise a qualitatively unique form of wrongdoing. They are performed following a bad or evil action with the intent to add insult to injury. I propose that within a …

The Death Penalty In A Changing Socialist State: Reflections Of 'Modernity' From The Mao Era To Contemporary China, Elizabeth Lehmann

Honors Theses

In the past century, China has abandoned its feudal system, created a republic, ended the republic for a communist socialist society, closed its markets and then opened them; now, China is an established world power, has a strong economic base, and is often perceived as having an iron fist regarding domestic crime and punishment. Modern day China’s criminal law, in the context of capital punishment, has undergone many drastic transformations in the past sixty years. The death penalty has been so differently implemented in modern China that within a span of twenty years, the usage of the death penalty and …

Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer

Theses Digitization Project

No abstract provided.