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Full-Text Articles in Law and Race

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks Jun 2008

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Discretionary Justice And The Black Offender, Taunya Lovell Banks Jun 2008

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera Mar 2008

Addressing The Real Problem Of Racial Profiling In Seattle, Washington, Whitney Rivera

Journal of Race, Gender, and Ethnicity

No abstract provided.


No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp Jan 2008

No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


Symposium On Pursuing Racial Fairness In Criminal Justice: Twenty Years After Mccleskey V. Kemp, Jeffrey Fagan, Mukul A. Bakhshi Jan 2008

Symposium On Pursuing Racial Fairness In Criminal Justice: Twenty Years After Mccleskey V. Kemp, Jeffrey Fagan, Mukul A. Bakhshi

Faculty Scholarship

Last year marked the twentieth anniversary of the U.S. Supreme Court's decision in McCleskey v. Kemp, a case whose ramifications for the pursuit of racial equality within criminal justice are still felt today. McCleskey set an impossibly high bar for constitutionally-based challenges seeking fundamental racial fairness in capital punishment. The McCleskey decision strengthened a jurisprudential climate that shifted and increased the burden onto defendants seeking constitutional relief from discriminatory and biased decisions at every step of the criminal justice process, from arrest to conviction and punishment. The McCleskey court articulated a crime-control rationale for tolerance of error and refused to …


“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson Jan 2008

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

Articles

News coverage of three nooses hanging from the "whites only tree" at Jena High School, in Jena, Louisiana, created public outcry. Criticism rose as the public learned that District Attorney Reed Walters exercised his prosecutorial discretion to decline to press charges against the white students that admitted hanging the nooses, yet over zealously charged black students with attempted murder for conduct normally considered a battery or a school-yard-fight. The apparent lack of equity in the exercise of prosecutorial discretion became the focus of heated debate. Although the Jena High School incidents occurred in 2006, the Jena story is unpleasantly reminiscent …


Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares Jan 2008

Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares

Faculty Scholarship

Since the early 1970s, the number of individuals in jails and state and federal prisons has grown exponentially. Today, nearly two million people are currently incarcerated in state and federal prisons and local jails. The growth of imprisonment has been borne disproportionately by. African-American and Hispanic men from poor communities in urban areas. Rising.incarceration should have greatly reduced the crime rate. After all, incapacitated offenders were no longer free to rob, assault, steal, or commit other crimes. However, no large-scale reduction in crime was detected until the mid-1990s. The failure of crime rates to decline commensurately with increases in the …