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.

Shared Print Analysis Tool at the Colorado Alliance of Research Libraries

The Colorado Alliance of Research Libraries has launched the Alliance Shared Print Trust and is in the process of developing a shared print analysis tool. The system allows libraries to compare themselves with other libraries that have added their MARC records so that they can easily and quickly determine what records are unique or held in common with other libraries. The comparison system is built on open source tools and has been embedded in the Gold Rush framework. The author provides a brief overview of other shared print analysis tools.

Use of Globalization Framework for K-12 Education Adams Five Star Schools, Thornton, Colorado

Many of the educational structures in public education today have their roots in the educational reforms of the industrial and Cold War eras. These educational structures served the United States well in a time of industrialization and two-state global superpowers. However, society has rapidly become more interconnected and globalized. K-12 education has not required that students develop the new skills and habits of mind needed for success in the twenty-first century. This study proposes three curricular and instructional changes to help students meet the needs of a global society in Adams Twelve Five-Star Schools located in Thornton, Colorado. These curricular and instructional reforms, while intended to address globalization, will also help the district stay competitive among local districts.

Green Building along the Colorado Front Range

Conventional residential construction results in a variety of local, regional, and global environmental impacts. It also may lead to unhealthy interior environments for building inhabitants. Green building, on the contrary, is a practice that reduces the environmental impacts of residential development, that produces healthier indoor environments, and that yields better long-term financial investments. This Capstone Project applies empirical research and analysis to identify the history and benefits of green building, to support the hypothesis that Colorado Front Range communities benefit most from municipal green-build programs, and to make subsequent program recommendations. Ultimately, this project may assist communities with implementing their own municipal green-build programs.

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.

Improving Colorado Mountain Highway Culvert Stream Crossings for Trout Passage

Highways can be effective barriers to animal migration. Where highways cross over streams, a passageway, typically a culvert, not designed for fish access can cut off an organism from miles of habitat. Traditional methods of culvert design, to convey floodwaters, reduced access to aquatic and riparian range. The Colorado Department of Transportation likely has numerous culverts that restrict aquatic passage. This paper provides guidance to CDOT for assessment of stream geomorphic conditions affecting culvert performance for fish passage, understanding aquatic organism habitat requirements, and incorporating ecological parameters into culvert designs that benefit fish and other organisms. A case study illustrates culvert problems in a difficult geomorphic setting including a fish passage assessment to evaluate stream stability for long-term culvert reliability.

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.

Sustainability in the Upper Colorado River Basin: A Struggle Between Water Resource Use and Remnants of the Natural Ecosystem

This study evaluated whether development of the Colorado River system has exceeded sustainability by comparing the trends in water use in the Colorado River. Two sustainable areas were identified in the upper basin and one in the lower-- the mainstream Colorado River, Green and Yampa rivers, and the Little Colorado River. These areas are also high priority recovery areas for four endangered fishes and protected by critical habitat provisions of the ESA. Unfortunately, the endangered fishes are declining because of habitat destruction and non-native species. If increasing water demand causes the fishes to go extinct the few sustainable areas will be lost. It will take careful management of the endangered fishes and water users to ensure these areas are maintained.