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Law and Race Commons

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Law Enforcement and Corrections

Brooklyn Law School

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Articles 1 - 6 of 6

Full-Text Articles in Law and Race

A New Private Law Of Policing, Cristina Carmody Tilley Mar 2024

A New Private Law Of Policing, Cristina Carmody Tilley

Brooklyn Law Review

American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …


Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper Dec 2023

Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper

Brooklyn Law Review

This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …


Parole, Victim Impact Evidence, And Race, Alexis Karteron May 2022

Parole, Victim Impact Evidence, And Race, Alexis Karteron

Brooklyn Law Review

Parole offers the possibility of release for a substantial number of incarcerated people in the United States, the world’s largest jailer, but is seriously understudied. In particular, the role of victims and race in the parole decision-making process deserves attention. Decades of research has shown that the “race-of-victim effect” leads to more punitive sentences when white victimhood is at issue. In the parole context, the ubiquity of victim impact statements and the emotional responses they trigger raise the likelihood that the “race-of-victim effect” plagues parole decision-making as well. This essay calls for greater data collection and scrutiny into the role …


White Supremacy’S Police Siege On The United States Capitol, Vida B. Johnson Feb 2022

White Supremacy’S Police Siege On The United States Capitol, Vida B. Johnson

Brooklyn Law Review

On January 6, 2021, law enforcement failed the people and the institutions it was supposed to protect. This article explores how white supremacy and far-right extremism in policing contributed to the insurrection at the Capitol. Police officers enabled the siege of the Capitol, participated in the attack, and failed to take seriously the threat posed by white supremacists and other far-right groups. The debacle is emblematic of the myriad problems in law enforcement that people of color, scholars, and those in the defund and abolitionist movements have been warning about for years. Police complicity in the attack on the Capitol …


Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto May 2019

Reducing Recidivism Or Misclassifying Offenders?: How Implementing Risk And Needs Assessment In The Federal Prison System Will Perpetuate Racial Bias, Rachel Dibenedetto

Journal of Law and Policy

Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn’t we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . . . 32% is the federal recidivism rate. 19%? 19% is the recidivism rate of defendants tried and sentenced in your court, Judge Barish. It’s one of the lowest in the Southern District. 34%? That’s the recidivism rate of EVALUATE, higher than the national average, 15 points behind you.


Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii Jan 2016

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …