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Articles 1 - 5 of 5
Full-Text Articles in Law
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
Senior Theses and Projects
The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …
Redefining Tribal Sovereignty To Expand Native Jurisdiction Over The Death Penalty, Olivia Louthen
Redefining Tribal Sovereignty To Expand Native Jurisdiction Over The Death Penalty, Olivia Louthen
Senior Theses and Projects
Using Lezmond Mitchell’s case as an example, this thesis will explore the ways in which the federal government should redefine tribal sovereignty to expand Native jurisdiction over the death penalty. For centuries, the U.S. has undermined the cultural beliefs and authority of tribal governments by legally and illegally executing Native Americans. Most recently, the Trump administration executed Lezmond Mitchell, completely disregarding the Navajo Nation’s opposition to the death penalty. According to federal law, the government must receive tribal consent to seek out a death sentence against a Native defendant who is accused of committing an intra-tribal crime in Indian country. …
Prosecuting The Police: How America’S Criminal Justice System Has Failed Breonna Taylor And Other People Of Color, Dayna Vadala
Prosecuting The Police: How America’S Criminal Justice System Has Failed Breonna Taylor And Other People Of Color, Dayna Vadala
Senior Theses and Projects
Using the Breonna Taylor case as an example, this thesis will investigate the ways that certain practices and policies in America’s criminal justice system have allowed discriminatory policing to flourish. People of color in America disproportionately experience acts of violence from police officers, and more often than not, there is no justice for these victims. The practices and policies that have been put into place to combat racial injustices in America have been ineffective because of the principles that govern our system. The way that America’s criminal justice system operates is inherently discriminatory and the need for reform is urgent.
Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson
Senior Theses and Projects
Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be …
Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root
Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root
Senior Theses and Projects
Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest of …