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Criminal Law Commons

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Articles 1 - 14 of 14

Full-Text Articles in Criminal Law

Debunking The Myth That Police Body Cams Are Civil Rights Tool, Scott Skinner-Thompson Jan 2022

Debunking The Myth That Police Body Cams Are Civil Rights Tool, Scott Skinner-Thompson

Publications

No abstract provided.


The First Step In Overhauling Criminal Justice? Abolish The Death Penalty, Rachel A. Van Cleave Oct 2021

The First Step In Overhauling Criminal Justice? Abolish The Death Penalty, Rachel A. Van Cleave

Publications

Since the killing of George Floyd by a police officer, many changes to criminal justice have been proposed and some have been enacted. However, none of these reforms will be meaningful unless and until we require the government to dismantle the laws and procedures that implement the death penalty, an inherently biased and horrific practice. The fact that the federal government and twenty-seven states still have the death penalty reveals an attitude that is diametrically counter to the mindset necessary to end mass incarceration.


The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber Jan 2021

The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber

Publications

No abstract provided.


When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber Jan 2021

When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber

Publications

10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.


Race, Space, And Surveillance: A Response To #Livingwhileblack: Blackness As Nuisance, Lolita Buckner Inniss Jan 2020

Race, Space, And Surveillance: A Response To #Livingwhileblack: Blackness As Nuisance, Lolita Buckner Inniss

Publications

This article is an invited response to an American University Law Review article titled “#LivingWhileBlack: Blackness as Nuisance” that has been widely discussed in the news media and in academic circles.


#Metoo And Mass Incarceration, Aya Gruber Jan 2020

#Metoo And Mass Incarceration, Aya Gruber

Publications

This Symposium Guest Editor’s Note is an adapted version of the Introduction to The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (UC Press 2020). The book examines how American feminists, in the quest to secure women’s protection from domestic violence and rape, often acted as soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting incarceration, and diverting resources toward law enforcement and away from marginalized communities Today, despite deep concerns over racist policing and mass incarceration, many feminists continue to assert that gender crime …


Do Abolitionism And Constitutionalism Mix?, Aya Gruber Jan 2020

Do Abolitionism And Constitutionalism Mix?, Aya Gruber

Publications

No abstract provided.


Sex Wars As Proxy Wars, Aya Gruber Jan 2019

Sex Wars As Proxy Wars, Aya Gruber

Publications

The clash between feminists and queer theorists over the meaning of sex—danger versus pleasure—is well- trodden academic territory. Less discussed is what the theories have in common. There is an important presumption uniting many feminist and queer accounts of sexuality: sex, relative to all other human activities, is something of great, or grave, importance. The theories reflect Gayle Rubin’s postulation that "everything pertaining to sex has been a ‘special case’ in our culture.” In the #MeToo era, we can see all too clearly how sex has an outsized influence in public debate. Raging against sexual harm has become the preferred …


Equal Protection Under The Carceral State, Aya Gruber Jan 2018

Equal Protection Under The Carceral State, Aya Gruber

Publications

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …


The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber Jan 2016

The Lgbt Piece Of The Underenforcement-Overenforcement Puzzle, Aya Gruber

Publications

No abstract provided.


Cyberharassment And Workplace Law, Helen Norton Jan 2015

Cyberharassment And Workplace Law, Helen Norton

Publications

No abstract provided.


¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Jan 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Publications

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's immigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …


A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss Jan 2003

A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss

Publications

No abstract provided.


Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.