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Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren
Brett Kavanaugh Vs. The Exonerated Central Park Five: Exposing The President's "Presumption Of Innocence" Double Standard, Sofia Yakren
Journal of Civil Rights and Economic Development
(Excerpt)
In the service of Justice Brett Kavanaugh’s confirmation to the United States Supreme Court, the President of the United States (and Republican Senators) both misappropriated and further eroded the already compromised concepts of due process and presumption of innocence. This Essay uses the prominent “Central Park Five” case in which five teenagers of color were wrongly convicted of a white woman’s widely-publicized beating and rape to expose the President’s disparate use of the presumption along race and status lines. This narrative is consistent with larger systemic inequities that leave poor black and brown criminal defendants less likely to benefit …
What’S The Point? The Missing Piece Of Criminal Justice Reform Through Consensus And Compromise, Jelani Jefferson Exum
What’S The Point? The Missing Piece Of Criminal Justice Reform Through Consensus And Compromise, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Criminal justice reform has had a firm place in news headlines for more than a decade. When the mass incarceration crisis came to the fore in 2008, with reports that one in a hundred adults in America was behind bars, there had already long been cries for reducing the prison and jail populations. Reform has mainly been sought through two approaches: consensus through ballot initiative or legislative compromise. But these modes of reform share a fundamental failure: both often lack a clear articulation of the purpose of criminal sentencing. In other words, “What’s the point?” Without an agreement on …
From Warfare To Welfare: Reconceptualizing Drug Sentencing During The Opioid Crisis, Jelani Jefferson Exum
From Warfare To Welfare: Reconceptualizing Drug Sentencing During The Opioid Crisis, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
The War on Drugs officially began in 1971 when President Nixon decried drug abuse as “public enemy number one.” The goal of the war rhetoric was clear—to cast drug abuse and the drug offender as dangerous adversaries of the law-abiding public, requiring military-like tactics to defeat. Criminal sentencing would come to be the main weapon used in this pressing combat. In continuation of the war efforts, the Anti-Drug Abuse Act of 1986 was passed under President Reagan, establishing a weight-based, and highly punitive, mandatory minimum sentencing approach to drug offenses that has persisted in some form for the last …