Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century

This Article demonstrates through original statistical research that prosecutors in Colorado were more likely to seek the death penalty against minority defendants than against white defendants. Moreover, defendants in Colorado’s Eighteenth Judicial District were more likely to face a death prosecution than defendants elsewhere in the state. Our empirical analysis demonstrates that even when one controls for the differential rates at which different groups commit statutorily death-eligible murders, non-white defendants and defendants in the Eighteenth Judicial District were still more likely than others to face a death penalty prosecution. Even when the heinousness of the crime is accounted for, the race of the accused and the place of the crime are statistically significant predictors of whether prosecutors will seek the death penalty. We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution.

The Museum/School Partnership: A New Role for Art Museums in K-5 Art Education

For nearly thirty years, the arts have been poorly represented in public school classrooms due to tight budgets, state mandates, and a belief that the arts are not essential to education. In this paper, I will investigate the absence of focused art education curriculum in K-5 classrooms across the United States’ public school system, explain the advantages of reinstating art as a basic subject in the classroom curriculum, and advocate for a more active art museum role in public school elementary art education. The art museum may be in the ideal position to help develop and facilitate programming in K-5 classrooms. By placing teams of art museum professionals in public school classrooms, art museums can establish a prominent role in the museum/school relationship and can help ensure that children have adequate access to art education. The outcome would be children who have greater academic and personal successes throughout their lives.

Invasion, Proliferation and Control of Invasive Aquatic Plants in Colorado State Parks

Nonnative aquatic species are invasive worldwide. These species adversely affect natural aquatic ecosystems in a variety of ways and can negatively affect agriculture, recreation and industry. This study addresses identification and control of aquatic plant species of concern in Colorado State Parks. Seventeen species identified as potential threats to the parks and safe, effective chemical control methodologies were determined for each species. A matrix was developed to include the plants, appropriate chemical controls and the type of aquatic habitat where chemical use would be safe and effective. The matrix and recommendations for its use will be provided to the Colorado Division of Parks and Outdoor Recreation to develop a management plan under Section 1204 of the National Invasive Species Act.

CERCLA: A Case Study of Local Government Involvement in the Decision-Making Process in Colorado

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, and the Superfund Amendments and Reauthorization Act (SARA) of 1986 strengthen roles of the community in the CERCLA process. Many layers of bureaucracy and the complexity of regulations make the implementation and enforcement of environmental policy a burdensome process. Local government, the public and private corporations have a critical role in the CERCLA decision-making process by implementing a comprehensive public participation process. This paper examines a case study in which a local Colorado health department implemented a successful public participation process in order to positively affect the remediation decision-making process.

A Physical and Social Study of Mountain Bike Use on Five Segments of the Continental Divide National Scenic Trail in Colorado

This capstone reviews uses of the Continental Divide National Scenic Trail. Policies governing use of the trail appear to be ambiguous, especially regarding mountain bicycles. Mountain biking has grown since the trail was created, but is not fully addressed in existing or proposed policy. 382 people on five segments of the trail in Colorado were interviewed for this capstone. Mountain bikes, hiking, and motorized recreation were observed uses. User conflict, overcrowding, degraded recreation experiences, or user displacement was not reported. User satisfaction was high and most would return. Interviewees requested increased public involvement and recognition of user needs in setting policy. Trail degradation occurs, but is unassociated with any particular use. Recommendations for trail improvement and maintenance are presented.