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Criminal Justice

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Full-Text Articles in Law

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams Apr 2017

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that …


The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett Jan 2017

The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett

Michigan Law Review

Review of Unfair: The New Science of Criminal Injustice by Adam Benforado, Inside the Cell: The Dark Side of Forensic DNA by Erin E. Murphy, and Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories by Sandra Guerra Thompson.


The Impact Of Neglecting Indigent Defense On The Economics Of Criminal Justice, Michael Barrett Jan 2017

The Impact Of Neglecting Indigent Defense On The Economics Of Criminal Justice, Michael Barrett

Saint Louis University Law Journal

No abstract provided.


The Pipeline: A Dangerous Education, Toria Messinger Mar 2016

The Pipeline: A Dangerous Education, Toria Messinger

Race and Pedagogy Journal: Teaching and Learning for Justice

From both a societal and institutional level, the school-to-prison pipeline continues to be an issue confronting historically marginalized youth. The harsh realities of discrimination and the lack of funding supporting equal education opportunities are directly connected to the perpetuation of stigmatization and overrepresentation in the criminal justice system. By evaluating the pipeline from both a structural and experiential level, it is possible to identify key target areas for future policy changes and theoretical evaluations. Looking at the current structures underpinned by social and legal systems, countless voices have argued that a shift must occur, and it must be sweeping in …


Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo Jan 2016

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.


Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor Jan 2012

Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor

NYLS Law Review

No abstract provided.


Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel Jan 2012

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.


Models Of Justice To Protect Innocent Persons, Tim Bakken Jan 2012

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.


Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware Jan 2012

Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware

NYLS Law Review

No abstract provided.


Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero Jan 2012

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.


Analyzing Stops, Citations, And Searches In Washington And Beyond, Mario L. Barnes, Robert S. Chang Apr 2011

Analyzing Stops, Citations, And Searches In Washington And Beyond, Mario L. Barnes, Robert S. Chang

Seattle University Law Review

Racial disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality is the beginning and not the end of the conversation. The fact that blacks are overrepresented in stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only correlation and not causation. A number of commentators caution that disproportionality and the overrepresentation of blacks, Native-Americans, and Hispanics in Washington State’s prisons do not prove racial discrimination. Further, the fact of disproportionality at each stage of criminal justice processing does not prove that racial discrimination occurs at each particular stage. For example, the observed disproportionality …


“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender Apr 2011

“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender

Seattle University Law Review

Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III …


The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson Apr 2011

The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson

Seattle University Law Review

The Article is organized as follows: Part II provides an introduction to implicit bias research, orienting readers to the important aspects of implicit bias most relevant to prosecutorial discretion. Part III begins the examination of implicit bias in the daily decisions of prosecutors. The Part presents key prosecutorial discretion points and specifically connects each of them to implicit bias. Part IV recognizes that, despite compelling proof of implicit bias in a range of domains, there is no direct empirical proof of implicit bias in prosecutorial decision-making. It thus calls for an implicit bias research agenda designed to further examine how …


“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan Apr 2011

“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan

Seattle University Law Review

This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part …


Introduction, Hon. Steven C. Gonzàlez Apr 2011

Introduction, Hon. Steven C. Gonzàlez

Seattle University Law Review

At Seattle University School of Law’s Symposium on Racial Bias and the Criminal Justice System, students, faculty, judges, scholars, lawyers, and community members gathered to address racial disparity in the criminal justice system and to explore ways to keep the promise of our democracy that we all are equal before the law. Race, ethnicity, skin color, and national origin profoundly influence our legal structure and our liberty. The way that race influences perceptions and actions is critically important in the context of our criminal justice system—a system that changes lives, disrupts and protects communities, and represents a key part of …


Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon Apr 2011

Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon

Seattle University Law Review

This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.


Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill Apr 2011

Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill

Seattle University Law Review

Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, …


O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert Apr 2011

O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert

Seattle University Law Review

This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …


Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi Apr 2011

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Seattle University Law Review

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …


Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System Apr 2011

Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System

Seattle University Law Review

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …


Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle Jan 2010

Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle

University of Colorado Law Review

In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is "separate but unequal" and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands. It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles. This Article traces the historical foundations …


Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King Jan 2007

Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King

Fordham Urban Law Journal

This Essay argues that the justice system should establish a parallel system, using restorative justice, designed to "heal" those individuals affected by crime, but who are not the victim, i.e. the victim's family. Additionally, the author proposes that law schools should help develop this parallel system.


In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret Jan 2005

In Defense Of Hybridity: Towards A Representational Theory Of International Criminal Justice, Frederic Megret

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author proposes a critical & normative "representational theory" of what international criminals should be tried by in a hybrid tribunal framework that surpasses complementarity & primacy, & mitigates the lack of dimension in purely international or domestic trials. A discussion of universality issues regarding sovereignty & complementarity, & the complications of "ownership" in international crimes supports the assertion that the hybrid nature of the theory as a representation of crimes & acknowledgement of the affected communities. Comparative analysis between complementarity & hybridity are applied to the cases …


The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Jan 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …


Milosevic And Hussein On Trial, Alfred P. Rubin Jan 2005

Milosevic And Hussein On Trial, Alfred P. Rubin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses the difficulties of trying Saddam in the International Court of Justice (ICJ) at the Hague to argue that previous cases of genocide have resulted in the political strategy of exile or extermination. Four points that limit the possibilities for an ICJ trial are discussed, & the probable unjustness of the Iraqi Special Tribunal (IST) is related to the treatment of historical cases of Napoleon & Milosevic, & genocide criminals in the Rwanda & Nuremberg criminal trials. The author argues that the current position on genocide …


Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni Jan 2005

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Cherif Bassiouni

Cornell International Law Journal

Argues that post-conflict justice is desperately needed in Iraq. The desire of the Iraqi people for post-conflict justice against Saddam Hussein's regime has been overshadowed by the 2003 invasion by coalition forces, post-occupation internal violence, & Abu Ghraib torture by American forces. The goals of post-conflict justice include enhancing social reconciliation while avoiding individual acts of vengeance; restoring an independent judiciary; holding officials responsible for systematic repression; & prosecuting Saddam. The evolution of post-conflict justice proposals over the last decade is traced. It is acknowledged that the establishment of the Iraq Special Tribunal was an important first step on the …


Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian Jan 2005

Emasculating The Philosophy Of International Criminal Justice In The Iraqi Special Tribunal, Farhad Malekian

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the principle of international tribunality of jurisdiction is a form of globalization of international criminal justice that has the purpose of preventing the problems seen in the Iraqi Special Tribunal (IST) & the monopolization of international law by the United Nations Charter. Examination of historical, contemporary, & prospective approaches to the system of international law concerning the prosecution & punishment of individuals questions whether the laws of the IST reflect the basic foundations of international criminal justice. The principles of the Criminal Justice System …


Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin Jan 2005

Global Criminal Justice: An Idea Whose Time Has Passed, Jeremy Rabkin

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that not only is global justice brain dead as a possible reality, but the concept was always an unreachable dream in a world with no global authority to be held accountable for the world's misery. Explanation of the author's assertions locates the source of the dream in the International Criminal Tribunal for the former Yugoslavia (ICTY), since it was the only truly international tribunal in history. The advantage of local or national justice over issues of moral hazard, challenges to justice, the political responsibility of …


Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood Jan 2005

Address To The Cornell International Law Journal Symposium: Milosevic & (And) Hussein On Trial, Ruth Wedgwood

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author questions the critiques of the Iraqi Special Tribunal (IST) to argue that the tribunal offers advantages of availability to citizens in location, language, & differences in legal categories that were not available to people in the former Yugoslavia & Rwanda trials. Language issues that have emerged in fact finding, establishing culpability, & barriers in witness interviews are described. The meaning of moral responsibility in terms of exculpatory evidence, & command responsibility are difficult to communicate or interpret. The advantages of local trials are the increased possibility …


Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis Jan 2005

Tyranny On Trial: Personality And Courtroom Conduct Of Defendants Slobodan Milosevic And Saddam Hussein, Jerrold M. Post, Lara K. Panis

Cornell International Law Journal

In this essay in the Symposium on Milosevic & Hussein on Trial, the author explores the impacts of personality & courtroom conduct in trial outcome to argue that the likenesses between the two defendants will result in Saddam's projection of grand defiance. Biographical narratives of the two leaders trace the psychological development of each personality through childhood to their political careers characterized by defiant resistance & compensatory grandiosity that may be the source of the similarities of behaviors in the courtroom. Asserting that Saddam is following the Milosevic model of courtroom behavior by derailment of the proceeding, exploitation of the …