The Fourth Circuit\u27s Doube-Edged Sword : Eviscerating the Right to Present Mitigating Evidence and Beheading the Right to the Assistance of Counsel

Even before the sea change of Gideon v. Wainwright, the Supreme Court recognized not only an indigent’s right to the assistance of counsel in capital cases, but also his right to the effective assistance of counsel in capital cases. Since those auspicious beginnings, the Court has dramatically broadened the right to present mitigating evidence in the sentencing phase of a capital trial, thereby increasing the need for the guiding hand of counsel in capital sentencing. Thus, it is particularly tragic that the Fourth Circuit’s swiftly evolving approach to the prejudice prong of the ineffective assistance of counsel standard precludes capital defendants from winning ineffective assistance of counsel claims in the very cases where informed and effective assistance would have been most likely to have made a difference. According to the Fourth Circuit, all psychologically based mitigating evidence is a “two-edged sword,” because “although ‘evidence of a defendant’s mental impairment may diminish his blameworthiness for his crime,’ it also may ‘indicate that there is a probability that he will be dangerous in the future.” Thus for habeas petitioners in the Fourth Circuit, the possibility, however remote, that a jury would focus on dangerousness rather than culpability precludes ever winning an ineffective assistance of counsel based upon the failure to present psychologically-based mitigating evidence, no matter how compelling the neglected evidence is, or how derelict counsel was in failing to present that evidence. As this Article will demonstrate, the double-edged sword doctrine is wrong-headed in several respects. This Article hopes to persuade the reader that despite its newness, it is a doctrine already ripe for overruling—or reversal, if necessary. Part I briefly describes the capital defendant’s right to have available mitigating evidence presented to the sentencing body; the real dimensions of this right can properly be understood only by considering both the breadth of the abstract right to present mitigating evidence and the limitations imposed by the interaction of that right with the ineffective assistance of counsel doctrine. Part II describes how the Fourth Circuit’s double-edged sword doctrine departs from established doctrine and diminishes established rights. Part III presents the conceptual and empirical fallacies of the Fourth Circuit’s approach

Closing The Loop: Using Assessment Results To Modify The Curriculum So That Student Quantitative Reasoning Skills Are Enhanced

Assurance of student learning through effective assessment has become increasingly important over the past decade as accrediting agencies now require documented efforts to measure and improve student performance. This paper presents the methodology used by the College of Business Administration at California State University, Stanislaus to assess its students’ quantitative reasoning skills and the resulting actions taken to improve student performance. The critical role that faculty play in developing meaningful assessment instruments and evaluating and acting on the results is emphasized

Program Assessment: Not In My Back Yard

Faculty in the College of Business Administration at California State University-Stanislaus struggled to find places within the curriculum in which to embed programmatic assessment. An assessment model emerged from their discussions that meaningfully assesses the knowledge and skills of graduating seniors for programmatic improvement while providing each student with individualized feedback about their strengths and weaknesses. Students identify those areas in which they are particularly strong, which is useful information during career exploration, along with those areas in which further development would be beneficial. Resources for life-long personal and professional development are provided to participating students

Race and Recalcitrance: The Miller-El Remands

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court\u27s instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus far considered, those courts have obstinately refused to follow the directives of Miller-El. This article demonstrates that both of those cases, Hightower v. Terry and Snyder v. Louisiana, reflect race-based resistance to the Supreme Court, considers possible sources of that resistance, as well as steps likely to eradicate or at least ameliorate such resistance

Career Mobility Patterns of Aspiring Female Leaders at California Community Colleges

Many women struggle to move up the career ladder. Women aspiring to executive positions in community colleges within the United States may face gender barriers, family-work life barriers, and barriers regarding their leadership ability. The problem studied was a gap in knowledge of how women succeeded in attaining executive positions in community colleges. The purpose of this study was to examine ways that female leaders at Southern California community colleges assumed executive-level roles at their institutions and the barriers they faced to attain those positions . The theory of upward mobility and the concept of self-efficacy comprised the study\u27s conceptual framework. The research questions in this qualitative case study focused on barriers to women\u27s upward mobility and ways that women overcame these barriers. Face-to-face structured interviews were conducted with a purposeful sample of 12 women who held positions of vice president or above at 8 Southern California community colleges within 2 counties. Interview data were coded using clustering and classification and resulted in 3 themes per research question. The results suggested that executive leaders must demonstrate communication savviness to address difficult situations, engage in active information searching and empower others through helpful communication. Findings of the study suggest formal mentorship was crucial for women in their quest for leadership roles. Prospective female leaders in higher education may be able to use the study results in navigating their careers. Positive social change may result with the greater visibility of women in executive leadership roles, thereby leading to reduced gender disparities and women achieving their highest potential in the workplace