Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (20)
- Civil Rights and Discrimination (19)
- Law and Race (17)
- Courts (10)
- Criminal Procedure (10)
-
- Legal Education (8)
- Legal Profession (8)
- Social and Behavioral Sciences (8)
- Law and Economics (7)
- State and Local Government Law (7)
- Fourteenth Amendment (6)
- Juvenile Law (6)
- Law Enforcement and Corrections (6)
- Civil Law (5)
- Constitutional Law (5)
- Criminology (4)
- Family Law (4)
- Human Rights Law (4)
- Immigration Law (4)
- Jurisprudence (4)
- Law and Politics (4)
- Legislation (4)
- Social Control, Law, Crime, and Deviance (4)
- Social Welfare Law (4)
- Sociology (4)
- Judges (3)
- Jurisdiction (3)
- Legal Ethics and Professional Responsibility (3)
- Institution
-
- University of Michigan Law School (11)
- Roger Williams University (8)
- SelectedWorks (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Richmond (2)
-
- Washington and Lee University School of Law (2)
- Augustana College (1)
- Bridgewater State University (1)
- Brigham Young University (1)
- Edith Cowan University (1)
- Fort Hays State University (1)
- Georgia State University College of Law (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Pepperdine University (1)
- Selected Works (1)
- St. Mary's University (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Nevada, Las Vegas (1)
- University of Pennsylvania Carey Law School (1)
- University of Rhode Island (1)
- University of the District of Columbia School of Law (1)
- Publication Year
- Publication
-
- Life of the Law School (1993- ) (5)
- University of Michigan Journal of Law Reform (4)
- Michigan Journal of Race and Law (3)
- Michigan Law Review (3)
- All Faculty Scholarship (2)
-
- Journal of Race, Gender, and Ethnicity (2)
- School of Law Conferences, Lectures & Events (2)
- Tamar R Birckhead (2)
- University of Richmond Law Review (2)
- Alexandra Natapoff (1)
- Articles (1)
- Brigham Young University Prelaw Review (1)
- Faculty Articles and Other Publications (1)
- Faculty Scholarship (1)
- Georgia State University Law Review (1)
- Global Issues in Public Health (1)
- Hofstra Law Student Works (1)
- International Conference on Gambling & Risk Taking (1)
- Journal Articles (1)
- Law School Blogs (1)
- Master’s Theses and Projects (1)
- Pepperdine Law Review (1)
- SACAD: John Heinrichs Scholarly and Creative Activity Days (1)
- Scholarly Articles (1)
- Senior Honors Projects (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Theses: Doctorates and Masters (1)
- Touro Law Review (1)
- Trevor J Calligan (1)
- University of the District of Columbia Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 47
Full-Text Articles in Criminal Law
School-To-Prison Pipeline, Samuel S. Honas, April Terry
School-To-Prison Pipeline, Samuel S. Honas, April Terry
SACAD: John Heinrichs Scholarly and Creative Activity Days
Kindergarten through grade 12 schools are institutions where youth go to learn, grow, and sculpt their minds for their future. For some youth, schools do not present a warm and welcoming environment, and instead, respond in ways that create negative outcomes for certain youth. Factors like bullying, poor student-to-teacher interactions, and negative parental attachment can cause youth to have problems in school. Minority youth are also more likely to get in trouble in school for the same behaviors as their white counterparts. The school-to-prison pipeline is a pathway that begins in the school system that operates under the notion of …
Criminological Evaluation Of The Impact Of Pathological Ludomania To Gambling Among Nigerian Youths, George Nzeadi Duru Mr., Larry Okechukwu Awo Mr.
Criminological Evaluation Of The Impact Of Pathological Ludomania To Gambling Among Nigerian Youths, George Nzeadi Duru Mr., Larry Okechukwu Awo Mr.
International Conference on Gambling & Risk Taking
ABSTRACT
The study was designed to evaluate the effects of pathological ludomania to gambling on Nigerian youth. The study looked at how get-rich-quick mentality, access to gaming, and poverty can lead to gambling ludomania in young people. The Social Learning and Differential Association Theories were debated and chosen as the theoretical framework for the study. A questionnaire created to represent the study's research topics was utilized to collect the study's data. A structured questionnaire was sent to two hundred (200) respondents, who were chosen using a multi-stage sampling procedure. The data were analyzed using simple percentage, descriptive, and chi-square statistical …
As Long As There Is Money Involved In Justice, There Will Be No Justice: The United States' Criminalization Of Poverty And The Need To Demonitize Our Criminal "Justice" System, Amanda Piccione
Hofstra Law Student Works
This paper will show how the United States will fail to achieve a criminal “justice” system if money is involved. The cyclical impacts of poverty and marginalization on communities of color throughout our nation’s history will continuously perpetuate an unequal and unfair criminal system. Section II begins by delving into the history of poverty in the United States. It then analyzes poverty and its impacts today while specifically discussing the effects on communities of color and the intersections with crime. Section III examines the legal issue, exploring our monetized legal system and discussing how we can change our criminal legal …
Movement Constitutionalism, Brandon Hasbrouck
Movement Constitutionalism, Brandon Hasbrouck
Scholarly Articles
The white supremacy at the heart of the American criminal legal system works to control Black, Brown, and poor people through mass incarceration. Poverty and incarceration act in a vicious circle, with reactionaries mounting a desperate defense against any attempt to mitigate economic exploitation or carceral violence. Ending the cycle will require replacing this inequitable system with the life- and liberty-affirming institutions of abolition democracy. The path to abolition democracy is arduous, but abolitionists can press for change through what I coin “movement constitutionalism.” Movement constitutionalism is the process by which grassroots abolitionist movements shift—through demands and in solidarity with …
How The Rational Basis Test Protects Policing For Profit, William R. Maurer
How The Rational Basis Test Protects Policing For Profit, William R. Maurer
University of Michigan Journal of Law Reform
Since the police shooting of Michael Brown in 2014 and the civil unrest that followed, numerous lawsuits have challenged laws that use the government’s ability to impose fines and fees for reasons other than the protection of the public. These challenges have usually raised equal protection challenges to these laws—that is, that the laws punish the poor more harshly than others. The challenges have been unsuccessful, largely because courts examine these laws using “rational basis review,” a standard that is highly deferential to the government and one in which the courts themselves are often required to actively advocate for the …
Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
University of Michigan Journal of Law Reform
Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …
Remarks, Lisa Foster
Remarks, Lisa Foster
University of Michigan Journal of Law Reform
In both Greek and Roman mythology, a Hydra guards the entrance to the underworld. For those who don’t remember their mythology, a Hydra is a multi-headed serpent who exhales poisonous fumes. If you get close enough to the Hydra and are able to cut off one of its heads, two grow back in its place. Slaying the Hydra was number two on Hercules’ famous list of Labors. He was successful, but not without a fierce struggle.
As you’ve heard over the last four days, fines and fees are Hydralike. Fines are imposed for almost every minor offense — misdemeanors, infractions, …
Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer
Plea Bargains: Justice For The Wealthy And Fear For The Innocent, Emily Stauffer
Brigham Young University Prelaw Review
The Supreme Court has consistently recognized the hardships of the poor in the criminal justice system and has set a precedent that if a person cannot afford access to any level of the criminal justice system, the state must remove that financial barrier. Prosecutorial tactics in the plea-bargaining process coerce the poor into waiving their right to trial. The unequal access to trial between the poor and non-poor violates the Fourteenth Amendment, which requires that states remove any barrier that restricts the poor from the criminal justice system. The Court has left the states to decide which solutions will work …
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
University of Michigan Journal of Law Reform
The majority of U.S. states disenfranchise formerly incarcerated individuals because of their poverty by conditioning re-enfranchisement on the full payment of legal financial obligations. This Note discusses the practice of wealth-based criminal disenfranchisement where the inability to pay legal financial obligations, including fines, fees, restitution, interest payments, court debts, and other economic penalties, prohibits low-income, formerly incarcerated individuals from voting. This Note argues this issue has not been adequately addressed due to unsuccessful legislative reforms and failed legal challenges. An examination of state policies, federal and state legislative reforms, and litigation shows that a more drastic state legislative solution is …
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
Touro Law Review
Most modern societies prohibit the use of addictive drugs such as cocaine and heroin. We contend this is a mistake. They should all be legalized, forthwith, since their usage constitutes a victimless crime. But more, we also maintain that these jurisdictions are actually addicted to these unjust and harmful laws since, no matter what the logic or the evidence about the perniciousness of this legislation, it still remains on the books
Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli
Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli
All Faculty Scholarship
Civil asset forfeiture has strayed far from its intended purpose. Designed to give law enforcement powerful tools to combat maritime offenses and criminal enterprises, forfeiture laws are now used to prey upon innocent motorists and lawful homeowners who are never charged with crimes. Their only sins are that they are carrying legal tender while driving on busy highways or providing shelter in their homes to adult children and grandchildren who allegedly sold small amounts of low-level drugs. Civil forfeiture abuses are commonplace throughout the country with some police even armed with legal waivers for property owners to sign on the …
Restraints In Massachusetts Public Schools, Elyce Hall
Restraints In Massachusetts Public Schools, Elyce Hall
Master’s Theses and Projects
The purpose of this research study was to investigate the moral and legal issues around physically restraining students in Massachusetts public schools. As Massachusetts law is written, the use of restraints on a student should be the last possible resort. However, this thesis used data on restraint use from the Massachusetts Department of Education and a survey of school administrators to gain a better understanding of the 38,994 student restraints that were used in 2016-2017 school year. Findings of this study include that Hispanic and African-American students were more likely to attend schools that used restraints than those that did …
Locked Up And Locked Out: True Stories Of Individuals Who Experienced The Intersection Between Homelessness And The Criminal Justice System, Jean Johnson
Senior Honors Projects
JEAN JOHNSON (Criminology & Criminal Justice)
Locked Up and Locked Out: True Stories of the Interlocking Cycle of
Homelessness and the Criminal Justice System
Sponsor: Jill Doerner (Criminology & Criminal Justice, Sociology & Anthropology), Heather Johnson (Writing & Rhetoric)
Key locks work when a key made with teeth is placed into a cylinder with a series of pins and tumblers. If you don’t insert the right key one or more of the pins will remain in the way, preventing the key from turning and the lock will remain closed. According to the United States Interagency Council on Homelessness, tens of …
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Champions For Justice 2020, Roger Williams University School Of Law
Champions For Justice 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison
The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison
Journal Articles
In this paper, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own, original research involving a large, multi-generational sample of unmarried fathers from a rust-belt region of the United States as well as the conclusions of earlier researchers.
Our own research data are unusual in that they are holistic and multigenerational: The Court-based record system we utilized for data collection provided detailed information on child maltreatment, juvenile status and delinquency charges, child support, parenting time, orders of protection, and residential mobility for focal children (the …
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Gun Violence: Chicago, Illinois, Kayla Dillon
Gun Violence: Chicago, Illinois, Kayla Dillon
Global Issues in Public Health
Gun violence has been, and continues to be, a significant problem in Chicago, Illinois. There have been several programs in place that have worked towards improving the level of gun violence. One of the most noticeable being Project Safe Neighborhood, which began in 2001. Part of what makes these programs, and programs similar to it, necessary is that it targets the populations most at-risk of gun violence. By targeting these specific regions of the city, these programs can provide the resources necessary to improve the condition of the city in the long-term, as well as prevent the condition from spreading …
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Social Justice For Sex Trafficked Females And Sex Workers In Jordan, Nora Tawfiq Samoudi (Dekaidek)
Social Justice For Sex Trafficked Females And Sex Workers In Jordan, Nora Tawfiq Samoudi (Dekaidek)
Theses: Doctorates and Masters
This thesis explores social practices, policies and laws constituting criminal and social justice approaches to providing services and amenities for the sex trafficked females in Jordan. As the discussion of sex trafficked females overlaps with sex workers, this research explores the human rights of both groups who experience different forms of gender-based violence. To understand the protection, care and support that Jordan provides, I interviewed seven service providers offering protection for victims of sex trafficking. Also, I analysed the semiprohibitionist Jordanian Penal Code and the Human Trafficking Legislation that criminalise sex trafficking perpetrators and sex-related actions. This research relies on …
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster
Georgia State University Law Review
Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky
Law School Blogs
No abstract provided.
The Tyranny Of Small Things, Yxta Maya Murray
The Tyranny Of Small Things, Yxta Maya Murray
Michigan Journal of Race and Law
In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae C. Quinn
Washington and Lee Law Review Online
In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead’s …
Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook
Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook
Life of the Law School (1993- )
No abstract provided.