IAN A. RUSSELL

Work is a universal human experience, but the nature of work and the relationships between workers and employers have changed dramatically in recent years, thanks in large part to the rise of the “gig economy.” Gig workers on platforms like Uber, Lyft, DoorDash, Grubhub, and many others enjoy a degree of flexibility and autonomy, but that same autonomy helps to shield their employers from legal liability when workers cause harm to others.

This Comment explores the doctrine of respondeat superior and specifically the “control test” in the context of the gig economy. Because gig work is not bound by specific time and space requirements in the same way as traditional employment, and because gig workers often have multiple “gigs” simultaneously, it is often difficult to determine whether a tort is committed within the scope of employment. This Comment proposes using the “scope of the gig” as the key to unlock vicarious liability: if the worker’s intent was, at least in part, to complete the gig, then the gig
employer can be held legally responsible for the harm caused.

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SAMANTHA G. CRONE

A jury “hangs” or results in impasse or deadlock when the jury cannot reach a unanimous verdict. This results in the judge declaring a mistrial, where the double jeopardy bar is lifted in criminal trials, and the defendant may be retried. Oftentimes, jury deadlock results from a majority voting block who cannot sway a lone dissenter, also known as the “holdout juror.” When faced with the potential of deadlock, judges across the country routinely administer an impasse charge, commonly known as a “Dynamite Charge,” for its ability to blast a jury out of deadlock and into a unanimous verdict.

With the United States Supreme Court silent on the charge in recent years, some jurisdictions have abandoned the charge altogether or reformed the language of the charge administered to omit coercive language of “minority” and “majority” or “dissenting” jurors. Connecticut’s “Chip Smith” Charge has been consistently upheld by the Connecticut Supreme Court and is considered settled jurisprudence. Despite many criminal defendants arguing to end the practice of administering the charge, the court has declined to do so. Though the state’s courts have, in recent
years, altered the language of the model charge to include “balancing principles” to counteract the language targeting “dissenting” jurors, judicial discretion looms large in this area, and there are few checks on a trial judge’s ability to tell dissenting jurors to reconsider their view. Because the demise of Chip Smith is highly unlikely, this Comment argues instead that Connecticut should take a more middle ground approach and constrain judicial discretion in this area by limiting the number of times the charge may be read to a jury, eliminating the pressure placed on dissent,
and establishing a higher degree of judicial scrutiny when a trial judge strays from approved language. These changes will help protect a criminal defendant’s due process right to an uncoerced jury verdict.

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BRYAN SCHWARTZ

Sex trafficking is the “fastest-growing business of organized crime” and “the third-largest criminal enterprise in the world,” with the number of cases in the United States steadily increasing over the last two decades. In fact, sex trafficking recently took center stage when rap singer and music producer Sean “Diddy” Combs was arrested and charged, in part, with sex trafficking. Relevant to this Article, the lawyers for both sides brought forth motions challenging the admissibly of character evidence under both Federal Rule of Evidence 404(b) and 413.

In the context of sex trafficking, this Article builds on the existing scholarship analyzing character evidence, particularly Rule 404(b). Notably, sex trafficking often follows a typical framework, which this Article lays out in three parts: Victim Selection, the Grooming Process, and the method of Operation. These parts also contribute to complex dynamics between the offender and the victim, which greatly impact the investigation and prosecution of these cases. Importantly, as this Article sets forth, courts do not appear to be uniformly aware of this framework,
particularly when evaluating character evidence. Thus, this Article sets forth a sex trafficking framework to be used by courts, lawyers, and lawmakers, which will result in improved consistency and predictability when evaluating the admissibility of character evidence.

Additionally, this Article also aims to start the controversial conversation of whether propensity evidence should be admissible in sex trafficking cases, such as by expanding Rules 413, 414, and 415 (“the propensity rules”). While additional contributions are necessary to answer this question, this Article lays the initial foundation by setting forth the scholarly debate surrounding propensity evidence, focusing on the important concerns that propensity evidence inherently possesses, balanced against recent studies relying on forensic psychology theory suggesting
its evidentiary value in sex trafficking cases.

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