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Full-Text Articles in Law
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
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In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
A Genealogy Of Programmatic Stop And Frisk: A Discourse-To-Practice-Circuit, Frank Rudy Cooper
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President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men. Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …
Remorse Bias, M. Eve Hanan
Remorse Bias, M. Eve Hanan
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In this article, Professor M. Eve Hanan addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants' displays of remorse and how we can lessen the effects of that bias. Part I of this article introduces the main ideas to be discussed. Part II establishes the salience of remorse to punishment decisions and then demonstrates the ambiguity involved in assessing the sincerity of remorse. Part III examines existing research on implicit biases associating African Americans with criminality to consider whether judges are likely to view African American defendants' expressions of remorse as insincere and, thus, …
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales
Is Pena-Rodriguez V. Colorado Just A Drop In The Bucket Or A Catalyst For Improving A Jury System Still Plagued By Racial Bias, And Still Badly In Need Of Repairs, Robert I. Correales
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Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have also served as laboratories, providing important lessons on the successes and failures of different approaches, often leading the way with their innovations. A formidable obstacle commonly referred to as a "black box," better known as the no-impeachment rule, has made progress difficult. The no-impeachment rule was designed …