A Collection of Systematic Content Analyses of Constitutional Criminal Procedure Issues

Session Submission Type: Complete Thematic Panel

Abstract/Description

The criminal legal system in the United States is largely guided by the principles set forth the U.S. Constitution, particularly the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Aims to uphold these individual rights under these Amendments are conflict with crime prevention and control efforts. As a result, criminal justice policies and practices—and sometimes even the law itself—can create circumstances that infringe upon constitutional rights. This panel will discuss empirical research evaluating case law applying one or more these Amendments. One paper will examine the application of the Fourth Amendment to police use-of-force cases involving people with autism. A second will examine challenges the Sixth Amendment Confrontation Clause poses for intimate partner violence. A third paper will analyze Eighth Amendment jurisprudence in the context of applying scientific evidence to decisions in juvenile life without parole context. A fourth paper will evaluate how courts have adjudicated alleged violations of the Sixth Amendment right to a speedy trial during the COVID-19 pandemic. And a fifth paper will examine constitutional claims stemming from pregnancy healthcare and abortion access within prisons.

Sub Unit

• Area VI. The Criminal Justice System / 53. Law Making and Legal Change

Individual Presentations

• Autism and Police Use of Force: A Content Analysis of Fourth Amendment Violations - Isabella Elena Castillo, Arizona State University

• A Content Analysis of Domestic Violence Cases Applying the Confrontation Clause Following Crawford v. Washington Between 2004 and 2023 - Teairstayn Jones, Arizona State University

• The Influence of Science on Decision-Making: An Analysis of Juvenile Life Without Parole Cases Post-Miller - Alexis Klemm, Arizona State University

• The Impact of COVID-19 on Sixth Amendment Rights and Perceived Violations: A Content Analysis - Rhiannon Roberts, Arizona State University

• The Miserable State of Pregnancy and Abortion Access Inside America’s Carceral System: A Content Analysis - Margaret Wood, Arizona State University

Chair

• Henry F. Fradella, Arizona State University

Discussant

• Henry F. Fradella, Arizona State University