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Articles 1 - 27 of 27
Full-Text Articles in Law
Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman
Blinding Prosecutors To Defendants’ Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Sunita Sah, Christopher Robertson, Shima Baughman
Faculty Scholarship
Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Akron Law Review
This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …
Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham
Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham
Clark D. Cunningham
If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.
Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey
Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey
Catholic University Law Review
One of the most striking developments in American criminal law and procedure in the past four decades has been the widespread establishment of victims’ rights at both the federal and state levels. A conspicuous exception to the success of the victims’ rights movement has been the failure of Congress to pass a proposed amendment to the U.S. Constitution that would uniformly establish such rights in all federal and state courts. Advanced by both private organizations and state officials, and with bipartisan support in Congress, bills establishing a Victims’ Rights Amendment (VRA) have been introduced several times in the past three …
Teaching Honors Cross-Divisional & Active-Learning Courses: Terrorism & Torture From A Global Perspective, Araceli Hernandez-Laroche, Catherine G Canino, Samantha Hauptman
Teaching Honors Cross-Divisional & Active-Learning Courses: Terrorism & Torture From A Global Perspective, Araceli Hernandez-Laroche, Catherine G Canino, Samantha Hauptman
Global Education Summit
How do we engage undergraduate students in intercultural awareness and global citizenship? One way is to better prepare them for a service-oriented, complex, multi-lingual, and globally focused workplace. Our panel will present how a public university with a metropolitan mission encourages interdisciplinary, cross-divisional, and co-taught courses where French and criminal justice professors collaborate for a global education cause.
Justice Blackmun And Criminal Justice: A Modest Overview, Stephen L. Wasby
Justice Blackmun And Criminal Justice: A Modest Overview, Stephen L. Wasby
Akron Law Review
Justice Harry A. Blackmun was nominated for a position on the Supreme Court in 1970 by President Richard M. Nixon after the Senate rejected Nixon's nominations of Judges Clement Haynsworth and G. Harrold Carswell. Blackmun, as a judge of the U.S. Court of Appeals for the Eighth Circuit for eleven years, had written opinions that reflected "judicial restraint, an appreciation for the limits of judicial authority and deference to state and legislative prerogatives" as well as conservatism on defendants' rights and civil liberties issues. These strains of thought made him attractive to a president looking for someone supporting the "war …
Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic
Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic
Touro Law Review
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno
Proportional Response: The Need For More—And More Standardized—Veterans’ Courts, Claudia Arno
University of Michigan Journal of Law Reform
Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, …
Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Denying The Dyad: How Criminalizing Pregnant Use Harms The Baby, Taxpayers And Vulnerable Women, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
Human Rights In The United States: Primer On Recommendations From The Inter-American Human Rights Commission & The United Nations, Human Rights Institute
Human Rights In The United States: Primer On Recommendations From The Inter-American Human Rights Commission & The United Nations, Human Rights Institute
Human Rights Institute
Over the past decade, U.S. social justice advocates have increasingly recognized that international and regional human rights mechanisms are important avenues for seeking human rights accountability. A broad and diverse range of advocates have mobilized, in particular, around United Nations human rights reviews, including treaty compliance reviews, Special Rapporteur visits to the United States, and the U.N. Human Rights Council Universal Periodic Review process, increasing visibility of numerous domestic human rights concerns.
A smaller number of advocates and social justice groups have engaged with the Americas’ regional human rights system, the Inter-American Human Rights System, which offers additional and complementary …
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning
Pace Law Review
In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness …
Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.
Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.
Popular Media
On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.
Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or shortly …
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Process Costs And Police Discretion, Charlie Gerstein, J. J. Prescott
Articles
Cities across the country are debating police discretion. Much of this debate centers on “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are enforced prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant. But the ongoing debate about police discretion has ignored the centrality of these …
Free Will Is No Bargain: How Misunderstanding Human Behavior Negatively Influences Our Criminal Justice System, Sean Daly
Nevada Law Journal
No abstract provided.
Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity
Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity
Center for the Advancement of Public Integrity (Inactive)
Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.
Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …
Racial Profiling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson
Racial Profiling In The War On Drugs Meets The Immigration Removal Process: The Case Of Moncrieffe V. Holder, Kevin R. Johnson
University of Michigan Journal of Law Reform
In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an “aggravated felony” for purposes of removal, an important question under the U.S. immigration laws. In the removal proceedings, Adrian Moncrieffe, a black immigrant from Jamaica, did not challenge his arrest and drug conviction. Consequently, the Supreme Court did not review the facts surrounding, or the lawfulness of, the criminal prosecution. Nonetheless, the traffic …
Stemming The Tide Of Aboriginal Incarceration, Miriam Kelly, Hilde Tubex
Stemming The Tide Of Aboriginal Incarceration, Miriam Kelly, Hilde Tubex
The University of Notre Dame Australia Law Review
Western Australia’s prison population has the highest rate of Aboriginal over-representation in Australia. Research on the criminogenic effect of imprisonment suggests that the use of imprisonment as a deterrent to future offending is not empirically supported and that imprisonment may in fact contribute to further offending. Consequently, this article explores theoretical debates surrounding penality as a way to inform alternative crime control strategies to imprisonment. It will be argued that any strategy to reduce Aboriginal imprisonment rates could benefit from a perspective that views Aboriginal imprisonment as a manifestation of Aboriginal resistance to settler colonial dominance.
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Faculty Articles and Other Publications
This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …
Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor
Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor
Faculty Scholarship
In 2014, many states revisited disproportionately high sentencing schemes for low-level property offenses. Voters in states across the country rallied in favor of reductions in penalties for low-level, nonviolent property offenses, such as theft, check fraud, and larceny. Bipartisan efforts to ease the financial burden of incarceration have lead to criminal justice reforms in states like California, Oregon, and Mississippi. Advocates for women in the criminal justice system have embarked on campaigns to frame reforms as not just a cost-cutting measure, but also as a moral imperative.
For many women, primarily women with little money, relatively low-value property offense convictions …
Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon
Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon
Articles by Maurer Faculty
People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.
This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …
Honoring And Celebrating Myrna Raeder, Brett Dignam
Honoring And Celebrating Myrna Raeder, Brett Dignam
Faculty Scholarship
It is a great privilege to be honoring Myrna Raeder and to celebrate her impressive career, scholarship and personhood. How appropriate to bring together scholars and advocates who share and will carry on her passions. Thank you everyone at Southwestern Law School who worked so hard to imagine and realize this symposium, for gathering us together, and for giving us the opportunity to reflect on the many gifts and fierce challenges Myrna gave to each of us. There is no finer tribute we can give than to carry on her work – the development of ideas and the encouragement of …
A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor
A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor
Faculty Scholarship
In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …
Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin
Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin
Antioch University Dissertations & Theses
This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Constructing Crimmigration: Latino Subordination In A “Post-Racial” World, Yolanda Vazquez
Faculty Articles and Other Publications
Over the last forty years, the concern over the relationship between noncitizens and criminality has reached epic proportions. Laws, policies, procedures, and rules have been developed, the immigration and criminal justice system have been employed, and billions of dollars have been spent towards detecting, detaining, prosecuting, and removing those who are targeted as posing “the greatest threat to the nation.” As a result, a “new” phenomenon emerged, crimmigration, that not only redesigned the criminal and immigration systems, but also brought about a cultural transformation in the United State —restructuring social categories, diminishing economic and political power, and perpetuating the marginalization …
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
Legacy Theses & Dissertations (2009 - 2024)
Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Faculty Scholarship
No abstract provided.