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Criminal Law Commons

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Articles 1 - 8 of 8

Full-Text Articles in Criminal Law

When They Hear Us: Race, Algorithms And The Practice Of Criminal Law, Ngozi Okidegbe Jul 2020

When They Hear Us: Race, Algorithms And The Practice Of Criminal Law, Ngozi Okidegbe

Faculty Scholarship

We are in the midst of a fraught debate in criminal justice reform circles about the merits of using algorithms. Proponents claim that these algorithms offer an objective path towards substantially lowering high rates of incarceration and racial and socioeconomic disparities without endangering community safety. On the other hand, racial justice scholars argue that these algorithms threaten to entrench racial inequity within the system because they utilize risk factors that correlate with historic racial inequities, and in so doing, reproduce the same racial status quo, but under the guise of scientific objectivity.

This symposium keynote address discusses the challenge that …


The Eighth Amendment Power To Discriminate, Kathryn E. Miller Jun 2020

The Eighth Amendment Power To Discriminate, Kathryn E. Miller

Washington Law Review

For the last half-century, Supreme Court doctrine has required that capital jurors consider facts and characteristics particular to individual defendants when determining their sentences. While liberal justices have long touted this individualized sentencing requirement as a safeguard against unfair death sentences, in practice the results have been disappointing. The expansive discretion that the requirement confers on overwhelmingly White juries has resulted in outcomes that are just as arbitrary and racially discriminatory as those that existed in the years before the temporary abolition of the death penalty in Furman v. Georgia.1 After decades of attempting to eliminate the requirement, conservative justices …


Holding Both: Witness Aid Workers' Experiences Supporting Intimate Partner Violence Survivors In District Attorney Offices, Ovita Williams Jun 2020

Holding Both: Witness Aid Workers' Experiences Supporting Intimate Partner Violence Survivors In District Attorney Offices, Ovita Williams

Dissertations, Theses, and Capstone Projects

Social workers and advocates practice in district attorney (DA) offices as witness or victim aid workers providing intimate partner violence (IPV) survivors counseling, advocacy, resources and information as they enter the criminal legal system (CLS). Their experiences, in particular how stress and vicarious trauma (VT) manifested for them in this unique setting within the criminal legal system, had not yet been examined. This phenomenological study sought to better understand (1) how social workers and advocates in a prosecutor’s office experience practice with intimate partner violence survivors, (2) their experiences of stress, secondary traumatic stress, vicarious trauma, and supports, and (3) …


The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa Jan 2020

The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa

Journal of Race, Gender, and Ethnicity

No abstract provided.


From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji Jan 2020

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.


Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth Jan 2020

Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth

Publications

No abstract provided.


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.


Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller Jan 2020

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.