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Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
CMC Senior Theses
In this thesis, I analyze the reasons that Supreme Court overturns precedent, and how, if at all, does the doctrine of stare decisis impact those decisions. The Supreme Court’s decisions are often politicized and viewed as a result of the Supreme Court Justices’ ideological views. Simply, they abide by precedents they agree with and abandon ones they do not. While the impact of ideology on Supreme Court decisions is unclear, I find that the doctrine of stare decisis plays an important role in their jurisprudence. In fact, the doctrine of stare decisis has increasingly dominated cases that reverse a prior …
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Pitzer Senior Theses
Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …