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Civil Rights and Discrimination Commons™
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- Police (4)
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Articles 1 - 16 of 16
Full-Text Articles in Civil Rights and Discrimination
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.
This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say …
What Matters More: Preserving A Fundamental Right To Privacy Or Tampering With Another's Dignity Through Searches Because Of "Reasonable Suspicion", Darianne De Leon
What Matters More: Preserving A Fundamental Right To Privacy Or Tampering With Another's Dignity Through Searches Because Of "Reasonable Suspicion", Darianne De Leon
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce
Broken Bones And Pepper Spray: The State-Sanctioned Abuse Of Immigrant Juveniles In Custody, Alex Bruce
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Illuminating Black Data Policing, Andrew Ferguson
Illuminating Black Data Policing, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. The benefits of big data policing involve smarter policing, faster investigation, predictive deterrence, and the ability to visualize crime problems in new ways. Not surprisingly then, police administrators have been seeking out new partnerships with sophisticated private data companies and experimenting with new surveillance technologies. This potential future, however, has a very present limitation. It is a limitation largely ignored by adopting jurisdictions and could, if left unaddressed, delegitimize the adoption and use …
Blog: The Administrative Remedy Exhaustion Requirement Under The Prison Litigation Reform Act Of 1996 And Its Current Impact On Prisoners' Rights, Cara Mazor
The Modern American
No abstract provided.
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Articles in Law Reviews & Other Academic Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
"Give Us Free": Addressing Racial Disparities In Bail Determinations, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant's financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not only in racial inequalities in bail and pretrial detention decisions, but also in the over-incarceration of pretrial defendants and the overcrowding of jails nationwide. The …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
No abstract provided.
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
The 'High Crime Area' Question: Requiring Verifiable And Quantifiable Evidence For Fourth Amendment Reasonable Suspicion Analysis, Andrew Ferguson, Damien Bernache
Articles in Law Reviews & Other Academic Journals
This article proposes a legal framework to analyze the "high crime area" concept in Fourth Amendment reasonable suspicion challenges.Under existing Supreme Court precedent, reviewing courts are allowed to consider that an area is a "high crime area" as a factor to evaluate the reasonableness of a Fourth Amendment stop. See Illinois v. Wardlow, 528 U.S. 119 (2000). However, the Supreme Court has never defined a "high crime area" and lower courts have not reached consensus on a definition. There is no agreement on what a "high-crime area" is, whether it has geographic boundaries, whether it changes over time, whether it …
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.
Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater
Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater
Articles in Law Reviews & Other Academic Journals
The gay moment is unavoidable. -Andrew Kopkind
Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.
Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …
Race, Cops, And Traffic Stops, Angela J. Davis
Race, Cops, And Traffic Stops, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts
Articles in Law Reviews & Other Academic Journals
No abstract provided.