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- Innocent Until Proven Poor (10)
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Articles 1 - 16 of 16
Full-Text Articles in Law
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
Foreword: Innocent Until Proven Poor, Sara Zampierin
Foreword: Innocent Until Proven Poor, Sara Zampierin
Michigan Journal of Race and Law
One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander
Michigan Journal of Race and Law
The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 million people were …
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold
Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold
Michigan Journal of Race and Law
At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a …
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Legal Aid's Once And Future Role For Impacting The Criminalization Of Poverty And The War On The Poor, Aneel L. Chablani
Michigan Journal of Race and Law
Recent media coverage and advocacy efforts on behalf of individuals subjected to criminal sanctions as a result of their poverty status has resulted in increased attention on this nation’s troubled history of oppression and control of the poor and people of color. At the federal, state, and local levels, a growing number of policies create criminal sanctions for poverty-related circumstances. These, in turn, result in collateral consequences that unfairly affect those who lack the means to afford their criminal justice experience (i.e., processing costs, fees, and fines), or affect their ability to access employment, housing, or other basic services. These …
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Making A Buck While Making A Difference, Alphonse A. Gerhardstein
Michigan Journal of Race and Law
It is not right for children to die before their parents. It is not right for peaceful, unarmed citizens to die at the hands of the police. In my civil rights practice, I have met many mothers, fathers, and family members who are struggling to recover after a law enforcement officer caused the death of their loved one. Sure, they want fair compensation. But money does little to reduce their loss or make the grief more bearable. They often want to do something that will ensure that their loved one did not die in vain. They want to prevent other …
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith
Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith
Michigan Journal of Race and Law
On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against …
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty
Keynote Remarks: How The Criminalization Of Poverty Has Become Normalized In American Culture And Why You Should Care, Sarah Geraghty
Michigan Journal of Race and Law
The subject of my talk today is how the criminalization of poverty has become normalized in American culture and why you should care.
The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner
The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner
Michigan Journal of Race and Law
In 2013, the ACLU of Ohio released a report titled The Outskirts of Hope: How Ohio’s Debtors’ Prisons Are Ruining Lives and Costing Communities. The report exposed the blatantly unconstitutional practice in courts across Ohio of jailing people who were too poor to pay their court fines and fees, and along with our ongoing advocacy efforts, resulted in sweeping change across the state. This Essay looks at the destruction modern debtors’ prisons have on individuals, families, and communities and overviews the research, advocacy, and communications tools the ACLU of Ohio has used to successfully combat debtors’ prisons. The goal is …
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott
Michigan Journal of Race and Law
Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping
Michigan Law Review
“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …
Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos
Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos
Michigan Law Review
Staszak’s book does a great service in demonstrating the extent of the stealth assault on civil-rights litigation. As Staszak shows, procedural and remedial decisions fly under the public’s radar, but they have exceptionally important consequences. Indeed, one can draw a clear line between judicial decisions on such obscure topics as standing and qualified immunity and the persistent acts of police misconduct that have aroused great public concern in recent months. Any effort to ensure that civil-rights protections make a concrete difference in people’s lives must attend to the procedural and remedial issues Staszak discusses.
Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein
Expressive Law And The Americans With Disabilities Act, Alex C. Geisinger, Michael Ashley Stein
Michigan Law Review
The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories. These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.
Election Law Federalism, Justin Weinstein-Tull
Election Law Federalism, Justin Weinstein-Tull
Michigan Law Review
This Article provides the first comprehensive account of non-Voting Rights Act federal voting laws. Section 5 of the Voting Rights Act—long the most effective voting rights law in American history—was disabled by the Supreme Court in Shelby County v. Holder. Section 2 of the Voting Rights Act is in the crosshairs. As the Supreme Court becomes more hostile to race-based antidiscrimination laws like the Voting Rights Act, Congress will turn to race-neutral, election administration-based reforms to strengthen the right to vote. Indeed, many proposals for reform post-Shelby County have taken this form. The federal laws this Article examines—the National Voter …
Keynote Remarks, Vanita Gupta
Keynote Remarks, Vanita Gupta
Michigan Journal of Race and Law
In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the …
Gender And Non-Normative Sex In Sub-Saharan Africa, Johanna Bond
Gender And Non-Normative Sex In Sub-Saharan Africa, Johanna Bond
Michigan Journal of Gender & Law
This Article argues for the adoption of a gender-based framework to supplement rights promotion strategies and campaigns based on LGBTI identity. The Article draws upon feminist, queer, and trans theory to develop an expansive understanding of gender within international human rights law. An analysis incorporating such theory will catalyze more systematic promotion of LGBTI rights. Although the approach is applicable across a variety of geographic contexts, this Article uses sub-Saharan Africa as an illustrative case study. A focus on gender rights as supplementary to and interrelated with LGBTI rights offers both conceptual and pragmatic benefits in the struggle to promote …