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Articles 1 - 14 of 14
Full-Text Articles in Law
Keynote Prosecutors And Race: Responsibility And Accountability, Angela J. Davis
Keynote Prosecutors And Race: Responsibility And Accountability, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
Thank you so much, Madeline. I want to thank the Rutgers University Law Review and the Rutgers Center on Criminal Justice, Youth Rights, and Race for inviting me to participate in this very important symposium on Prosecutors, Power, and Racial Justice: Building an Anti-Racist Prosecutorial System. I want to give a special thanks to Professor Cohen and Gisselly, and all of the students who worked so hard to put the symposium together. It's such an important topic. I appreciate your interest, and [I] am particularly thankful to all of you [who] are here on this Friday afternoon to talk about …
Racial Disparities Inherent In America's Fragmented Parole System, Olinda Moyd
Racial Disparities Inherent In America's Fragmented Parole System, Olinda Moyd
Articles in Law Reviews & Other Academic Journals
This global health crisis has proven to be an equal opportunity discloser, in that it has spotlighted the layers of inequities and racial disparities so engrained in America’s structural systems. Nowhere else is this more evident than in our criminal legal system, where justice is often austere for African Americans. The ghastly statistics of the number of people confined in jails and prisons do not fully capture the scope and extensive reach of those swept up in our legal system. It is estimated that about 4-5 million people are on community supervision, to include probation and parole, which far outnumber …
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Michigan Law Review
A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Michigan Law Review
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson
Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson
Journal of Civil Rights and Economic Development
(Excerpt)
Thirty-five years ago, Alice Marie Johnson lived a full life. She was a wife, a mother of five children, and a manager at FedEx. Then divorce, the death of one of her children, and job loss shattered her world. Ms. Johnson was able to find employment as a factory worker, a role which paid only a fraction of her former salary and was insufficient to support her children. Desperate and burdened, she became a telephone mule for drug dealers. She was instructed to “pass phone messages [and] [w]hen people came to town . . . [to tell] them what …
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, Charles Eric Hintz
Fair Questions: A Call And Proposal For Using General Verdicts With Special Interrogatories To Prevent Biased And Unjust Convictions, Charles Eric Hintz
All Faculty Scholarship
Bias and other forms of logical corner-cutting are an unfortunate aspect of criminal jury deliberations. However, the preferred verdict system in the federal courts, the general verdict, does nothing to counter that. Rather, by forcing jurors into a simple binary choice — guilty or not guilty — the general verdict facilitates and encourages such flawed reasoning. Yet the federal courts continue to stick to the general verdict, ironically out of a concern that deviating from it will harm defendants by leading juries to convict.
This Essay calls for a change: expand the use of a special findings verdict, the general …
Erasing Evidence Of Historic Injustice: The Cannabis Criminal Records Expungement Paradox, Julie E. Steiner
Erasing Evidence Of Historic Injustice: The Cannabis Criminal Records Expungement Paradox, Julie E. Steiner
Faculty Scholarship
Cannabis prohibition and its subsequent enforcement have yielded an epic societal tragedy. The decision to criminalize cannabis was a paradigm-shifting moment in legal history because it converted lawful medicinal or intoxicant seeking conduct into criminal activity, inviting government intrusion into matters previously self-controlled.
Scholars increasingly recognize that prohibition was built upon a decades-long, false, media-driven narrative that “marijuana” was one of society’s worst menacing enemies. Using overtly racist propaganda, the narrative successfully captured the audience, fomenting public anxiety and unfairly demonizing cannabis and its users. This misinformation campaign ultimately led to its current status as prohibited under the federal Controlled …
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Faculty Scholarship
Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness
Abstract
While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman
Touro Law Review
No abstract provided.
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Publications
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey
Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey
University of Colorado Law Review
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience-through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman
Law Enforcement Organization Relationships With Prosecutors, Daniel C. Richman
Faculty Scholarship
Although police departments and prosecutor’s oces must closely collaborate, their organizational roles and networks, and the distinctive perspectives of their personnel, will inevitably and regularly lead to forceful dialogue and disruptive friction. Such friction can occasionally undermine thoughtful deliberation about public safety, the rule of law, and community values. Viewed more broadly, however, these interactions promote just such deliberation, which will become even healthier when the dialogue breaks out of the closed world of criminal justice bureaucracies and includes the public to which these bureaucracies are ultimately responsible. This chapter explores such organizational interactions and their value.
Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan
Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan
Georgetown Law Faculty Publications and Other Works
Concern about the increasing militarization of police has grown in recent years. Much of this concern focuses on the material aspects of militarization: the greater use of military equipment and tactics by police officers. While this development deserves attention, a subtler form of militarization operates on the cultural level. Here, police adopt an adversarial stance toward minority communities, whose members are regarded as presumptive objects of suspicion. The combination of material and cultural militarization in turn has a potential symbolic dimension. It can communicate that members of minority communities are threats to society, just as military enemies are threats to …