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Articles 1 - 6 of 6

Full-Text Articles in Law and Race

The School To Deportation Pipeline, Laila L. Hlass May 2018

The School To Deportation Pipeline, Laila L. Hlass

Georgia State University Law Review

The United States immigration regime has a long and sordid history of explicit racism, including limiting citizenship to free whites, excluding Chinese immigrants, deporting massive numbers of Mexican immigrants and U.S. citizens of Mexican ancestry, and implementing a national quotas system preferencing Western Europeans. More subtle bias has seeped into the system through the convergence of the criminal and immigration law regimes.

Immigration enforcement has seen a rise in mass immigrant detention and deportation, bolstered by provocative language casting immigrants as undeserving undesirables: criminals, gang members, and terrorists. Immigrant children, particularly black and Latino boys, are increasingly finding themselves ...


Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams Jan 2016

Police And Gangs: Undergraduates’ Perceptions Of The Similarities And Differences, Seroyah Williams

University Honors Program Theses

Police have been said to be the largest gang in America with badges. With recent events occurring throughout the United States, including police shootings of unarmed citizens, some may say that the police have shown various characteristics similar to those of gangs. Does the public also view officers, in general, in the same perspective? Surveys were administered to a large class of Georgia Southern University students to acquire their perceptions of both the police and gangs. Each student listed characteristics of the police and gangs, their opinion, and different ways those perceptions have been formed. The data collected revealed more ...


Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods Jan 2012

Systemic Racial Bias And Rico's Application To Criminal Street And Prison Gangs, Jordan Blair Woods

Michigan Journal of Race and Law

This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the prosecuted White-affiliated gangs fell into three categories: international organized crime groups, outlaw motorcycle gangs, and White supremacist prison gangs. Some scholars and practitioners would explain these findings by contending that most criminal street gangs are comprised of racial minorities. This Article challenges and problematizes this ...


Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee Jan 2006

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment ...


Gang Loitering And Race, Lawrence Rosenthal Dec 1999

Gang Loitering And Race, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in City of Chicago v. Morales, which invalidating Chicago's gang-loitering ordinance, provides a road map for future public order laws that can address inner-city crime. This article makes the argument for public order laws as an anti-gang initiative that stops short of an approach dependent on massive incarceration, and defends such laws against an attack on grounds of racial fairness. Relying on the work of leading urban sociologists, the article argues that gang crime powerfully attracts inner city (and disproportionately minority) youth, and that any strategy for crime reduction in the ...


Representing Black Male Innocence, Joan W. Howarth Jan 1997

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate ...