Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Decriminalization, Police Authority, And Routine Traffic Stops, Jordan Woods
Decriminalization, Police Authority, And Routine Traffic Stops, Jordan Woods
Jordan Blair Woods
Although there is no universal definition of “decriminalization,” approaches to decriminalization largely focus on modifying how conduct is sanctioned or punished. This Article argues that there is a need to broaden approaches to decriminalization beyond sanctions and give more consideration to the other ways in which criminalization fosters state control over civilians — including police authority and discretion. Decriminalization should restrict opportunities and methods for the state to control civilians in ways that (1) facilitate their entry into, or continued contact with, the criminal justice system, and (2) leave them vulnerable to state-imposed privacy, liberty, dignitary, and physical harms that …
Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Woods
Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Woods
Jordan Blair Woods
This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this …
Policing Hatred: A Case Study Of An English Police Force, Jordan Woods
Policing Hatred: A Case Study Of An English Police Force, Jordan Woods
Jordan Blair Woods
Each year, hundreds of thousands of people in the United Kingdom believe that they have been victimized because of their race, gender, religion, sexuality, or disability status (BCS, 2008; Stonewall, 2008). Although police officers have the critical responsibility of enforcing hate crime laws, little is known about how the British police apply these laws to everyday situations (Gerstenfeld, 2004). The concept of hate crime has gained force within the United Kingdom only during the past decade, and therefore, hate crime research from the United Kingdom is limited (Hall, 2005). Research on hate crime policing is especially rare (Hall, 2005; Chakraborti …
Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods
Ensuring A Right Of Access To The Courts For Bias Crime Victims: A Section 5 Defense Of The Matthew Shepard Act, Jordan Woods
Jordan Blair Woods
Congress recently invoked its power under the Commerce Clause to pass the Local Law Enforcement Hate Crimes Prevention Act of 2007 (The Matthew Shepard Act). On December 6, 2007, Congressional Democrats dropped the Matthew Shepard Act from the U.S. Department of Defense authorization bill. With Democrats now in control of Congress and the election of President Barack Obama, there is renewed hope that the Matthew Shepard Act will be passed and enacted during a subsequent session.
Section 5 of the Fourteenth Amendment gives Congress the authority to enforce the substantive provisions of the Fourteenth Amendment through federal legislation. Although Congress …