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The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald
The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald
Student Scholar Symposium Abstracts and Posters
Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …
Police Brutality: The Nexus Between Historical Injustices, Police Culture And The African American Experience, Claude M. Rhone
Police Brutality: The Nexus Between Historical Injustices, Police Culture And The African American Experience, Claude M. Rhone
Doctoral Dissertations and Projects
This study focused on the harassment, maltreatment, and brutality of African Americans by police officers. The recent widespread condemnation and social justice protests in response to incidents of police brutality point to historical injustices inherent to the culture of policing. Slavery provides the overarching backdrop; however, Jim Crow laws cultivated the structural adaptations necessary to fulfill segregation between African Americans and Whites. The American policing model, which evolved from slave patrols to public entities, continued as an apparatus in the marginalization and disenfranchisement of African Americans. The narrative of “defunding the police” suggests that the past’s cultural proximity renders the …
The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald
The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald
Psychology Student Papers and Posters
Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …
An Exploratory Study Of Anti-Black Racism In Social Media Behavior Intentions: Effects Of Political Orientation And Motivation To Control Prejudice, Cynthia J. Najdowski, Samantha A. Wilcox, Justine K. Brace, Melissa Anderson
An Exploratory Study Of Anti-Black Racism In Social Media Behavior Intentions: Effects Of Political Orientation And Motivation To Control Prejudice, Cynthia J. Najdowski, Samantha A. Wilcox, Justine K. Brace, Melissa Anderson
Psychology Faculty Scholarship
Considering the widespread prevalence of racist content and opinions on social media, there is a pressing need to understand how users react to such content in ways that might lead them to be drawn into echo chambers of racism, hate speech, and potentially even violence. We conducted an online study to investigate how two individual differences—political orientation and motivation to control prejudice (MCP)—may predispose people to accept anti-Black racism expressed in social media messages. Non-Black participants viewed racist and egalitarian mock social media posts and reported how likely they would be to respond favorably and/or engage in supportive social media …
A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt
A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt
Upper Level Writing Requirement Research Papers
No abstract provided.
Firearms And The Homeowner: Defending The Castle, The Curtilage, And Beyond, Cynthia Lee
Firearms And The Homeowner: Defending The Castle, The Curtilage, And Beyond, Cynthia Lee
GW Law Faculty Publications & Other Works
In the spring of 2023, a series of back-to-back shootings shook the nation. A Black teenager in Missouri trying to pick up his two younger siblings went to the wrong door and rang the doorbell. The homeowner came to the door with a gun and, without saying a word, fired two shots at the Black teenager, hitting him in the face and the arm. A few days later, a Caucasian woman and her friends in upstate New York, looking for a party, drove up the wrong driveway. The homeowner came out of his house with a shotgun and fired two …
A Phenomenological Approach: How Hopelessness Affects Achievement In The Areas Of Socio-Economic, Criminality, And Educational Success Within The African American Community, Shawn A. Parker
Doctoral Dissertations and Projects
This phenomenological study was designed to examine how the concept of hope or lack thereof has an impact on the negative discrepancies in the areas of education, criminal behavior, and socio-economic status among African Americans as it compares to Whites. There may be other ethnicities who have significant inconsistencies as well, but for the sack of this study, the comparisons were primarily among African Americans and Whites. The theory guiding this study is the psychodynamic approach. This approach was guided by Sigmond Freud’s desire to understand human behavior; provided a path to studying the events of the past and present …
The Perceived Racial Discrimination Of Incarcerated African American Juveniles By Correctional Officers, Jervaughn Fabian Reid
The Perceived Racial Discrimination Of Incarcerated African American Juveniles By Correctional Officers, Jervaughn Fabian Reid
Doctoral Dissertations and Projects
There is an overrepresentation of African American youths at every stage of the juvenile justice system in America, from initial interaction with criminal justice to sentencing and imprisonment. This quantitative correlational study aimed to study the perceived racial discrimination of incarcerated African American juveniles by correctional officers. Statistics indicate that African Americans have a higher probability of offending and incarceration than their White counterparts. Some juveniles are serving long-term sentences, which may go well into adulthood. This study offers general knowledge on what experiences juvenile offenders go through, what promotes such experiences, and how these experiences can affect the population …
The Waiting Period Of Death Row Inmates, Ashlee Patino
The Waiting Period Of Death Row Inmates, Ashlee Patino
Masters Theses
The death penalty is the highest form of capital sentencing and punishment in the United States. Since 1973, a little less than half of U.S. states are responsible for passing death sentences and executions. Nevertheless, the growing number of death row inmates is at an all-time high since the late 70s (DPIC, 2022). Although academia and scholarly research has advanced the general understanding of death penalty sentencing, racial disparities resulting in a death sentence and execution has not been studied as comprehensively. Despite the strides in progress made by academia and scholarly research on the death penalty, there are areas …
Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.
Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.
Criminal Justice
This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
Making Space Behind The Veil: Black Agency Within A Predominantly White Religion, Michael Wood, Grace Ann Soelberg, Jacob Rugh
Making Space Behind The Veil: Black Agency Within A Predominantly White Religion, Michael Wood, Grace Ann Soelberg, Jacob Rugh
Faculty Publications
The work of W.E.B. Du Bois highlights the significance of Christian religion in Black American life. According to Du Bois, the Black Church serves as a site of self-formation and affirmation, and the White Church as a source of racist beliefs and justifications for inequality. In this paper, we expand Du Bois’ inquiry about the influence of religion with a study of Black Americans who belong to a predominantly White religion. For those whose religious experience is almost wholly within the “white world,” what role does religion play in their lives? We analyze a set of 52 public accounts by …
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
'I Can’T Vote If I Don’T Leave My Apartment’: The Problem Of Residential Violence And Its Impact On The Politics Of Black American Women Living Below The Poverty Line, Alex J. Moffett-Bateau
'I Can’T Vote If I Don’T Leave My Apartment’: The Problem Of Residential Violence And Its Impact On The Politics Of Black American Women Living Below The Poverty Line, Alex J. Moffett-Bateau
Publications and Research
Prior research examining political behavior outside of the United States, has shown that violence can have a mixed impact on political engagement. Building on that work, this research examines whether violence shapes the political lives of poor Black women within the United States. I argue, neighborhood violence in the United States can and often does, shape the political behavior of Black women living below the poverty line in public housing. I use ethnographic data to parse out a conceptual framework which articulates connections between residential violence experienced by Black women living in poverty and their politics. Ultimately, my analysis shows …
Ensuring Equity In Education: End Exclusionary Discipline To Protect All Students Access To Learning, Emma Daugherty, Dominika Dyminski, Lacey Erickson, Carly Manderfeld
Ensuring Equity In Education: End Exclusionary Discipline To Protect All Students Access To Learning, Emma Daugherty, Dominika Dyminski, Lacey Erickson, Carly Manderfeld
Master of Social Work Student Policy Advocacy Briefs
A student's race, disability status and previous history of discipline are leading factors associated with being subjected to exclusionary discipline. This contributes to a negative cycle of discipline for our Black, Indigenous, and other students of color (BIPOC) and students with disabilities. This cycle prevents BIPOC and students with disabilities from learning, growing, and reaching their full potential. Minnesota must disrupt this negative disciplinary cycle by ending subjective disciplinary practices and investing in practices that promote an equity and a healthy school environment for all students.
Lgbtq-Parent Families: Diversity, Intersectionality, And Social Context, Abbie E. Goldberg
Lgbtq-Parent Families: Diversity, Intersectionality, And Social Context, Abbie E. Goldberg
Psychology
Lesbian, gay, bisexual, queer, and trans (LGBTQ) parents become parents in a variety of ways, including via reproductive technologies, through foster care and adoption, and in the context of different-gender relationships. This review addresses research developments over the past 5–6 years, revealing that LGBTQ people continue to face barriers in becoming parents, especially those who are trans, of color, and have limited financial means. Bisexual and trans parents are increasingly centered in research, and have unique experiences of parenthood related to navigating (in)visibility and stigma in various contexts. Recent work has documented the impacts of sociopolitical events (e.g., COVID-19, the …
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner
The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner
Scholarship@WashULaw
This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …
Intersections Of Disproportion: A Critical Quantitative Examination Of Dis/Ability And Gender In Black Students’ School Discipline Outcomes, Ceema Samimi, Noah Jefferson, Shelby Flanagan, Yolanda Anyon
Intersections Of Disproportion: A Critical Quantitative Examination Of Dis/Ability And Gender In Black Students’ School Discipline Outcomes, Ceema Samimi, Noah Jefferson, Shelby Flanagan, Yolanda Anyon
Faculty Research, Scholarly, and Creative Activity
This study uses critical race quantitative intersectionality to examine the impacts of gender and dis/ability type on Black students’ school discipline outcomes. We use multilevel logistic regression models to analyze data from a large urban school district, considering the intersectional impact of gender and dis/ability type on school discipline outcomes among Black students (suspension, restorative justice, referral to law enforcement). We found that Black students identified as male, labeled with emotional dis/abilities, or identified as having ADHD were more likely to experience school discipline consequences than those who were not. These findings suggest that gender and dis/ability status are significant …
Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin
Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin
Psychology Theses
Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …
How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski
How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski
Psychology Faculty Scholarship
Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …
Abandoning Animus, Robert L. Tsai
Abandoning Animus, Robert L. Tsai
Faculty Scholarship
This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …
Character Evidence As A Conduit For Implicit Bias, Hillel J. Bavli
Character Evidence As A Conduit For Implicit Bias, Hillel J. Bavli
Faculty Journal Articles and Book Chapters
The Federal Rules of Evidence purport to prohibit character evidence, or evidence regarding a defendant’s past bad acts or propensities offered to suggest that the defendant acted in accordance with a certain character trait on the occasion in question. However, courts regularly admit character evidence through an expanding set of legislative and judicial exceptions that have all but swallowed the rule. In the usual narrative, character evidence is problematic because jurors place excessive weight on it or punish the defendant for past behavior. Lawmakers rely on this narrative when they create exceptions. However, this account arguably misses a highly troublesome …
The Incongruence Principle Of Evidence, Hillel Bavli
The Incongruence Principle Of Evidence, Hillel Bavli
Faculty Journal Articles and Book Chapters
Evidence law assumes that the meaning and value of information at trial is equal to the meaning and value of the same information in the real world. This premise underlies evidence policy, judicial applications of evidence law, and instructions to jurors for evaluating evidence. However, it is incorrect, and the law’s failure to recognize this hinders its aims of accuracy and equality.
In this article, I draw on fields outside of law - including Bayesian inference and cognitive psychology - to develop a model of evidence that describes how jurors combine new evidence with prior beliefs (or “priors”) to make …
Religious Convictions, Anna Offit
Religious Convictions, Anna Offit
Faculty Journal Articles and Book Chapters
The Anglo-American jury emerged at a time when legal and religious conceptions of justice were entwined. Today, however, though the American public remains comparatively religious, the country’s legal system draws a distinction between legal and religious modes of determining culpability and passing judgment. This Article examines the doctrine that governs the place of religious belief and practice in U.S. jury selection proceedings. It argues that the discretion afforded to judges with respect to applying the Batson antidiscrimination doctrine has given these beliefs and practices an ambiguous status. On the one hand, judges aim to protect prospective religious jurors from discrimination. …
Race, Gatekeeping, Magical Words, And The Rules Of Evidence, I. Bennett Capers
Race, Gatekeeping, Magical Words, And The Rules Of Evidence, I. Bennett Capers
Faculty Scholarship
Although it might not be apparent from the Federal Rules of Evidence themselves, or the common law that preceded them, there is a long history in this country of tying evidence—what is deemed relevant, what is deemed trustworthy—to race. And increasingly, evidence scholars are excavating that history. Indeed, not just excavating, but showing how that history has racial effects that continue into the present.
One area that has escaped racialized scrutiny—at least of the type I am interested in—is that of expert testimony. In this brief Essay written for the Vanderbilt Law Review Symposium, Reimagining the Rules of Evidence at …
A Mixed-Method Analysis Of The News Media Framing Of Gender Non-Conforming Victims Of Homicide In The U.S. From 2012 To 2022, Susana Avalos, Hayley Jackey, Iyan Wickel
A Mixed-Method Analysis Of The News Media Framing Of Gender Non-Conforming Victims Of Homicide In The U.S. From 2012 To 2022, Susana Avalos, Hayley Jackey, Iyan Wickel
Sociology & Criminal Justice Faculty Publications
Recent analyses of transgender homicide victims find that the news media often uses improper terminology, delegitimizes, and victim blames them. These analyses, while insightful, are limited as they have largely analyzed cases involving trans women and trans feminine individuals. The present study employs a mixed-method approach to analyze news media articles (N = 88) published in U.S. online news media outlets about 17 gender non-conforming victims killed between 2012 and 2022. We found that most articles did not delegitimize or victim blame. However, we find (1) victim blaming occurred when reporting on cases of officer-involved shootings, (2) certain victims …
Populist Nationalism In The Age Of Trump, Vernon D. Johnson, Chelsee Autry
Populist Nationalism In The Age Of Trump, Vernon D. Johnson, Chelsee Autry
Political Science Faculty Publications
This paper builds upon the arguments advanced by Johnson and Frombgen in “Race and the Emergence of Populist Nationalism in the United States” (2009). Johnson and Frombgen made three central arguments: that the US is two nations, not one; that racial attitudes are central to each national identity, and that social movements of a populist character have critically shaped each national identity. They then offered a typology of left and right national identities, each of which had been shaped by populist social movements. This paper seeks to revisit the two nations thesis in the era of Donald Trump on the …
Implicit Bias In The U.S. Air Force Criminal Justice System And The Excessive Punishment Of Black Airmen, Brandon Lanier Dinkins
Implicit Bias In The U.S. Air Force Criminal Justice System And The Excessive Punishment Of Black Airmen, Brandon Lanier Dinkins
Doctoral Dissertations and Projects
The purpose of this hermeneutic phenomenological study was to understand whether implicit bias influenced disproportionate commander-imposed punishment of junior ranking Black Airmen from grades E1–E4 who previously served on active duty in the U.S. Air Force. The theory guiding this study is the implicit bias theory introduced by psychologists Mahzarin Banaji and Anthony Greenwald in 1995. This theory identifies that attitudes, perceptions, and stereotypes shape specific groups' associations and qualities, which can influence decisions. This qualitative study employed a hermeneutic phenomenology research design. This study used snowballing and purposeful sampling methods to recruit 16 participants. Data within this study was …
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.