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Articles 1 - 10 of 10
Full-Text Articles in Law and Race
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson
All Faculty Scholarship
While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they …
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Faculty Scholarship
No abstract provided.
Blinding Prosecutors To Defendants' Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Shima Baughman, Sunita Sah, Christopher T. Robertson
Blinding Prosecutors To Defendants' Race: A Policy Proposal To Reduce Unconscious Bias In The Criminal Justice System, Shima Baughman, Sunita Sah, Christopher T. Robertson
Utah Law Faculty Scholarship
Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant’s race from police dossiers shared …
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard
Faculty Scholarship
No abstract provided.
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Articles
This essay examines hip hop music as a form of legal criticism. It focuses on the music as critical resistance and “new terrain” for understanding the law, and more specifically, focuses on what prisons mean to Muslim hip hop artists. Losing friends, family, and loved ones to the proverbial belly of the beast has inspired criticism of criminal justice from the earliest days of hip hop culture. In the music, prisons are known by a host of names like “pen,” “bing,” and “clink,” terms that are invoked throughout the lyrics. The most extreme expressions offer violent fantasies of revolution and …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …
Risk As A Proxy For Race: The Dangers Of Risk Assessment, Bernard E. Harcourt
Risk As A Proxy For Race: The Dangers Of Risk Assessment, Bernard E. Harcourt
Faculty Scholarship
Actuarial risk assessment in the implementation and administration of criminal sentencing has a long history in this country – a long and fraught history. Today, many progressive advocates promote the use of actuarial risk assessment instruments as part of a strategy to reduce the problem of "mass incarceration." Former Attorney General Eric Holder has called on the U.S. Sentencing Commission to hold hearings to further consider the matter of risk assessment and prediction tools in sentencing and parole.
The objective – to reduce our massive over-incarceration in this country – is critical and noble. But risk assessment tools are simply …