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Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood Jan 2020

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 …


Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory Jan 2019

Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory

Scripps Senior Theses

The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …


Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio Jan 2019

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …