Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (27)
- Touro University Jacob D. Fuchsberg Law Center (9)
- Loyola University Chicago, School of Law (6)
- SelectedWorks (3)
- SIT Graduate Institute/SIT Study Abroad (2)
-
- Saint Louis University School of Law (2)
- UIC School of Law (2)
- University of Georgia School of Law (2)
- William & Mary Law School (2)
- California State University, San Bernardino (1)
- Pepperdine University (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Tennessee, Knoxville (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Racial discrimination (9)
- Death penalty (8)
- Criminal Law and Procedure (7)
- Civil Rights and Discrimination (6)
- Due process (6)
-
- Probable cause (6)
- Search and seizure (6)
- Constitutional Law (5)
- Equal protection doctrine (5)
- Fourth Amendment (5)
- Jury selection (5)
- Racial bias (5)
- Racial profiling (5)
- Voir dire (5)
- Batson v. Kentucky (4)
- Capital punishment (4)
- Civil Rights (4)
- Peremptory challenges (4)
- Section 1983 (4)
- 2006 (3)
- Civil rights (3)
- Courts (3)
- Criminal procedure (3)
- Eighth amendment (3)
- Incarceration (3)
- Medical Jurisprudence (3)
- Privacy (3)
- Psychology and Psychiatry (3)
- Race (3)
- Reasonable suspicion (3)
- Publication
-
- Sheri Lynn Johnson (12)
- Touro Law Review (8)
- Public Interest Law Reporter (6)
- Sherry Colb (6)
- All Faculty Scholarship (3)
-
- Michael L Perlin (3)
- Independent Study Project (ISP) Collection (2)
- William & Mary Law Review (2)
- Adam A Marshall (1)
- Adam Lamparello (1)
- Chancellor’s Honors Program Projects (1)
- Electronic Theses, Projects, and Dissertations (1)
- Faculty Scholarship (1)
- Fatma E Marouf (1)
- Fatma Marouf (1)
- Georgia Journal of International & Comparative Law (1)
- Georgia Law Review (1)
- Jeffrey J. Rachlinski (1)
- John H. Blume (1)
- John M Greabe (1)
- Martin A. Schwartz (1)
- Nevada Supreme Court Summaries (1)
- Nirej Sekhon (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Scholarship@WashULaw (1)
- UIC Law Open Access Faculty Scholarship (1)
- UIC Law Review (1)
- Publication Type
Articles 1 - 30 of 63
Full-Text Articles in Criminal Procedure
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Touro Law Review
No abstract provided.
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Jeffrey J. Rachlinski
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Sheri Lynn Johnson
The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Racial Imagery In Criminal Cases, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Race And Recalcitrance: The Miller-El Remands, Sheri Johnson
Sheri Lynn Johnson
In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …
Black Innocence And The White Jury, Sheri Johnson
Black Innocence And The White Jury, Sheri Johnson
Sheri Lynn Johnson
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …
Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson
Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Unconscious Racism And The Criminal Law, Sheri Johnson
Unconscious Racism And The Criminal Law, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Sheri Lynn Johnson
No abstract provided.
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Does Unconscious Racial Bias Affect Trial Judges?, Jeffrey J. Rachlinski, Sheri Johnson, Andrew J. Wistrich, Chris Guthrie
Sheri Lynn Johnson
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the implicit association test, have found that most white Americans harbor implicit bias toward Black Americans. Do judges, who are professionally committed to egalitarian norms, hold these same implicit biases? And if so, do these biases account for racially disparate outcomes in the criminal justice system? We explored these two research questions in a multi-part study involving a large sample of trial judges drawn from around the country. Our results …
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
Profiling With Apologies, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb
Sherry Colb
No abstract provided.
Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb
Insane Fear: The Discriminatory Category Of "Mentally Ill And Dangerous", Sherry F. Colb
Sherry Colb
This article considers the constitutional and moral implications of the distinction the law draws between different classes of dangerous people, depending upon their status as mentally ill or mentally well. Those who are mentally well benefit from the right to freedom from incarceration unless and until they commit a crime. By contrast, dangerous people who are mentally ill are subject to potentially indefinite "civil" preemptive confinement. In a relatively recent case, Kansas v. Hendricks, the United States Supreme Court upheld the post-prison civil confinement of Leroy Hendricks, a man who had served prison time after pleading guilty to child molestation. …
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb
Sherry Colb
No abstract provided.
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Some Thoughts On The Conduct/Status Distinction, Sherry F. Colb
Sherry Colb
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
John H. Blume
The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson
Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson
Touro Law Review
No abstract provided.
Justification For Police Intrusions, Corey Rashkover
Justification For Police Intrusions, Corey Rashkover
Touro Law Review
No abstract provided.
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan
Touro Law Review
No abstract provided.
Punitive Injunctions, Nirej S. Sekhon
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris
Human Rights Infringements In Brazil’S Penitentiary System Understood Through Access To Healthcare, Sara Morris
Independent Study Project (ISP) Collection
Brazil has a reputation of being home to some of the worst penitentiary conditions worldwide, eventually leading the United Nations to make an appeal to the Brazilian government in 2003 to analyze their systems and make necessary improvements. The poor conditions and lack of access to legal counsel, living space, and specifically healthcare, cause riots and uprisings within prisons that in the past have lead to death of prisoners and guards. Prisons serve a very specific purpose in society, and according to most social theorists that is to reform, not to torture. In Brazil there is no capital punishment, so …
Femicide In Bolivia After Law 348, Adán Martínez
Femicide In Bolivia After Law 348, Adán Martínez
Independent Study Project (ISP) Collection
This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.