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Articles 1 - 30 of 6445
Full-Text Articles in Social and Behavioral Sciences
Judicial Responses To Age And Other Mitigating Evidence: An Exploratory Case Study Of Juvenile Life Sentences In Pre-Miller Cases, José B. Ashford, Katherine Puzauskas, Robert Dormady
Judicial Responses To Age And Other Mitigating Evidence: An Exploratory Case Study Of Juvenile Life Sentences In Pre-Miller Cases, José B. Ashford, Katherine Puzauskas, Robert Dormady
Journal of Criminal Law and Criminology
This study describes how judges in Maricopa County, Arizona responded to age and other mitigation evidence in imposing “life” versus “natural life” sentences for juvenile offenders convicted of homicide in pre-Miller cases. Maricopa County was selected for this case study because of its history of adhering to “restrictive interpretations” of various kinds of mitigation evidence and because of the characteristics of this county’s local court community. The study employed a mixed-methods design consisting of a content analysis of relevant case documents and a quantitative analysis of the findings from the qualitative analyses of legal case documents. It examined 82% …
Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo
Theorizing Failed Prosecutions, Jon B. Gould, Victoria M. Smiegocki, Richard A. Leo
Journal of Criminal Law and Criminology
Over the last twenty years, the scholarly field of erroneous convictions has skyrocketed, with multiple articles and books exploring the failures that convict the innocent. However, there has been comparatively little attention to the other side of the coin, failed prosecutions, when the criminal justice system falls short in convicting the likely perpetrator. In this Article, we take up an analysis of failed prosecutions, simultaneously seeking to define its breadth and explain its relation to erroneous convictions. We explore potential hypotheses for the existence of failed prosecutions and then compare those theories to a set of failed prosecutions compiled from …
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Northwestern Journal of Law & Social Policy
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
Death-By-Incarceration In Illinois, Joseph Dole
Death-By-Incarceration In Illinois, Joseph Dole
Northwestern Journal of Law & Social Policy
No abstract provided.
Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin
Title Ix Administers A Booster Shot: The Effect Of Private Donations On Title Ix, Charlotte Franklin
Northwestern Journal of Law & Social Policy
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in federally funded education programs or activities. Since its enactment, Title IX has dramatically increased interscholastic and intercollegiate athletic opportunities for women and girls. Despite indisputable progress since Title IX’s enactment, particularly for female athletes, many high schools and universities still fail to offer equal athletic opportunities for members of both sexes. Inadequate educational resources for high school and university athletic department administrators leads to a misunderstanding of Title IX’s requirements. This misunderstanding results in institutional misconduct and non-compliance with Title IX. In …
"Defund The (School) Police"? Bringing Data To Key School-To-Prison Pipeline Claims, Michael Heise, Jason P. Nance
"Defund The (School) Police"? Bringing Data To Key School-To-Prison Pipeline Claims, Michael Heise, Jason P. Nance
Journal of Criminal Law and Criminology
Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider “defunding” (or modifying) school resource officer (“SRO/police”) programs. To be sure, a school’s SRO/police presence—and the size of that presence—may influence the school’s student discipline reporting policies and practices. How schools report student discipline and whether that reporting involves referrals to law enforcement agencies matters, particularly as reports may fuel a growing “school-to-prison pipeline.” The school-to-prison pipeline research literature features two general claims that frame debates about changes in how public schools approach student discipline …
The Specific Deterrent Effects Of Criminal Sanctions For Intimate Partner Violence: A Meta-Analysis, Joel H. Garner, Christopher D. Maxwell, Jina Lee
The Specific Deterrent Effects Of Criminal Sanctions For Intimate Partner Violence: A Meta-Analysis, Joel H. Garner, Christopher D. Maxwell, Jina Lee
Journal of Criminal Law and Criminology
A dozen systematic reviews published since 1978 have sought to clarify the complexities of deterrence theory. These reviews emphasize the general deterrent effects of police presence, arrest, and incarceration on rates of homicide and other serious crimes, such as assault, rape, and burglary. These reviews provide less attention to specific deterrence processes and to the deterrent impacts of intermediate sanctions, such as prosecution or conviction; none of these reviews incorporate any of the research on criminal sanctions for intimate partner violence. To address these limitations, this research uses meta-analytic methods to assess the specific deterrent effects of three post-arrest criminal …
Defending Constitutional Rights In Imbalanced Courtrooms, Esther Nir, Siyu Liu
Defending Constitutional Rights In Imbalanced Courtrooms, Esther Nir, Siyu Liu
Journal of Criminal Law and Criminology
Safeguarding Fourth Amendment protections is critical to preserving individual privacy rights and fostering positive perceptions of police legitimacy within communities. Maintaining an effective accountability structure for police stops, searches, and seizures is a necessary step toward achieving these objectives. In this article, we use qualitative interviews and survey data with defense attorneys to explore—from a court community perspective— their use of discretion to uphold the Exclusionary Rule through bringing suppression motions. Data demonstrate that power dynamics within the court community lead defense attorneys to conclude that litigating rights violations is often a futile effort that interferes with favorable case outcomes …
Constitutional Pandemic Surveillance, Matthew B. Kugler, Mariana Oliver
Constitutional Pandemic Surveillance, Matthew B. Kugler, Mariana Oliver
Journal of Criminal Law and Criminology
How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of a highly contagious diseases? We measure the perceived intrusiveness of pandemic surveillance through two nationally representative surveys of Americans. Our results show that even at the height of a pandemic people find surveillance for public health to be more intrusive than surveillance for traditional law enforcement purposes. To account for these strong privacy concerns, we propose safeguards that we believe would make cell phone location tracking and other similar digital monitoring regimes constitutionally …
Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson
Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson
Northwestern Journal of Law & Social Policy
This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …
Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay
Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay
Northwestern Journal of Law & Social Policy
This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …
The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves
The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves
Journal of Criminal Law and Criminology
This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and …
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao
Northwestern Journal of Law & Social Policy
On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …
Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler
Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler
Northwestern Journal of Law & Social Policy
No abstract provided.
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes
Northwestern Journal of Law & Social Policy
In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …
Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg
Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg
Northwestern Journal of Law & Social Policy
The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster
The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster
Journal of Criminal Law and Criminology
Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang
Northwestern Journal of Law & Social Policy
The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …
"I Heard It Through The Grapevine": A Randomized Controlled Trial On The Direct And Vicarious Effects Of Preventative Specific Deterrence Initiatives In Criminal Networks, Barak Ariel, Ashley Englefield, John Denley
"I Heard It Through The Grapevine": A Randomized Controlled Trial On The Direct And Vicarious Effects Of Preventative Specific Deterrence Initiatives In Criminal Networks, Barak Ariel, Ashley Englefield, John Denley
Journal of Criminal Law and Criminology
A rich body of literature exists on deterrence, yet little is known about how deterrence messages are communicated through social networks. This is an important gap in our understanding, because such communication gives rise to the possibility that social institutions can utilize the vicarious effect of the threat of punishment against one individual to reduce the rate of reoffending amongst their criminal associates. To test this, we identified criminals with an extensive offending history (prolific offenders) and their co-offenders using social network analysis and then conducted a randomized controlled trial to measure the effect on both prolific offenders and their …
Panel Discussion: Author Meets Critic
Panel Discussion: Author Meets Critic
Northwestern Journal of Law & Social Policy
No abstract provided.
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa
Northwestern Journal of Law & Social Policy
No abstract provided.
Localism, Labels, And Animal Welfare, Samuel R. Wiseman
Localism, Labels, And Animal Welfare, Samuel R. Wiseman
Northwestern Journal of Law & Social Policy
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanely-raised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald
The Downstream Effects Of Bail And Pretrial Detention On Racial Disparities In Incarceration, Ellen A. Donnelly, John M. Macdonald
Journal of Criminal Law and Criminology
Bail and pretrial detention decisions may have important consequences for racial disparities in incarceration rates. Poor minority defendants who are unable to post bail and get released from jail before trial may be more likely to plead guilty and accept longer sentences of incarceration. Racial disparities in incarceration sentences may then reflect a combination of differences in the seriousness of a defendant’s case, criminal history, and economic resources to pay bail. This study examines the extent to which bail decision-making and pretrial detention explain Black-White disparities in criminal adjudications and sentences in the Delaware courts from 2012 to 2014. Over …
Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright
Journal of Criminal Law and Criminology
As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …
The Republican Party, Conservatives, And The Future Of Capital Punishment, Ben Jones
The Republican Party, Conservatives, And The Future Of Capital Punishment, Ben Jones
Journal of Criminal Law and Criminology
The United States has experienced a significant decline in the death penalty during the first part of the twenty-first century, as death sentences, executions, public support, and states with capital punishment all have declined. Many recent reforms banning or placing a moratorium on executions have occurred in blue states, in line with the notion that ending the death penalty is a progressive cause. Challenging this narrative, however, is the emergence of Republican lawmakers as champions of death penalty repeal legislation in red states. This Article puts these efforts by Republican lawmakers into historical context and explains the conservative case against …