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Full-Text Articles in Law and Race

Blackness As Character Evidence, Mikah K. Thompson Sep 2015

Blackness As Character Evidence, Mikah K. Thompson

Michigan Journal of Race and Law

Federal Rule of Evidence 404 severely limits the government’s ability to offer evidence of a defendant’s character trait of violence to prove action in conformity with that trait on the occasion in question. The Rule states that such character evidence is generally inadmissible when offered to prove propensity. The Rule also allows the government to offer evidence of an alleged victim’s character for peacefulness in homicide cases where the defendant asserts the self-defense privilege. Although criminal defendants may offer character evidence under limited circumstances, Rule 404 creates a significant disincentive for doing so. Where a defendant offers evidence of an …


Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin Apr 2015

Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr. Mar 2015

A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.

University of Richmond Law Review

No abstract provided.


The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright Mar 2015

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.


Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti Mar 2015

Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti

Nevada Law Journal

No abstract provided.


Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer Dec 2014

Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah Mourer

Sarah Mourer

This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary, it actually contributes to …