Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Justice System (2)
- Artificial Intelligence (1)
- Bail (1)
- Bias (Law) (1)
- Constitutional amendments (United States) (1)
-
- Criminal Sentencing (1)
- Decision Making in Prosecution (1)
- Federal-state controversies (1)
- Institutional Racism (1)
- Judges (1)
- Judicial Power (1)
- Judicial Reform (1)
- Mass Incarceration (1)
- Plea Bargaining (1)
- Prevention of Judicial Bias (1)
- Privileges & immunities (Law) (1)
- Prosecutors (1)
- Trial Courts (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Judges And Mass Incarceration, Carissa Byrne Hessick
Judges And Mass Incarceration, Carissa Byrne Hessick
William & Mary Bill of Rights Journal
It seems to have fallen out of fashion to talk about judges as a source of criminal justice reform. Instead, the academic literature now focuses on the role that prosecutors and legislatures have played in mass incarceration. But judges have also played an important role in the phenomenon that has come to be known as mass incarceration. Perhaps more importantly, there are things that judges could do to help reverse that trend.
Judges will sometimes say our system is too harsh. But, in the same breath they tell us the decision to create such a system and the decision to …
Debiasing Criminal Justice, Sandra Guerra Thompson, Nicole Bremner Cásarez
Debiasing Criminal Justice, Sandra Guerra Thompson, Nicole Bremner Cásarez
William & Mary Bill of Rights Journal
The killing of George Floyd by police officers in Minnesota inspired a summer of protests in 2020, followed by a call for racial reckoning and a professed commitment to reform criminal justice. Many have condemned the “systemic racism” reflected in countless demographic measures. From killings of unarmed men by the police at the front end of the criminal justice system to incarceration rates at the back end, the statistics show stark disparities along racial lines. These disparities are held up as evidence of racial bias in the system.
Statements about racial bias may be intended as an indictment of a …
Solidifying Supremacy Clause Immunity, Leslie A. Gardner, Justin C. Van Orsdol
Solidifying Supremacy Clause Immunity, Leslie A. Gardner, Justin C. Van Orsdol
William & Mary Bill of Rights Journal
States have often taken different approaches to polarizing issues such as the legalization of marijuana, voting rights, and gun safety. Generally, the federal government has stayed out of the fray honoring the concept of the “states as laboratories.” That is, until recently. With increasing debate among political leaders and diverging viewpoints among Department of Justice officials, clashes between federal officers and state governments have increased. But what happens to a federal officer caught in the crossfire, charged by a state prosecutor for breaking state criminal law while attempting to enforce federal law? The answer lies in the doctrine of Supremacy …