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Introduction: Mass Incarceration And Masculinity Through A Black Feminist Lens, Annette Ruth Appell, Adrienne D. Davis 2011 Washington University School of Law

Introduction: Mass Incarceration And Masculinity Through A Black Feminist Lens, Annette Ruth Appell, Adrienne D. Davis

Washington University Journal of Law & Policy

Mass incarceration is one of the biggest obstacles to social justice and democratic equality in the United States. This nation leads the world in imprisonment. As Angela Davis contended, the “prison industrial complex is much more than the sum of all the jails and prisons in this country. It is a set of symbiotic relationships among correctional communities, transnational corporations, media conglomerates, guards’ unions, and legislative and court agendas.” Other developed states use social welfare policy to develop citizens’ capabilities, which increase their employment and life prospects. In stark contrast, the United States has evolved a fairly permanent underclass, which ...


Response To Beth Richie's “Black Feminism, Gender Violence And The Build-Up Of A Prison Nation”, Kimberly D. Bailey 2011 Chicago-Kent College of Law

Response To Beth Richie's “Black Feminism, Gender Violence And The Build-Up Of A Prison Nation”, Kimberly D. Bailey

Washington University Journal of Law & Policy

With respect to the violence against women movement, Professor Richie has always been a voice for those women who generally do not have a voice, specifically poor women, women of color, and immigrant women. Her insight today that the mainstream feminist theorization of domestic violence continues to leave them voiceless is a particularly important one. I would like to continue her conversation by focusing on the concept of privacy. I use this term in the same sense that liberal theorists use it, as a representation of a sphere that is inappropriate for government intrusion. As other scholars have noted, this ...


Heteropatriarchy Kills: Challenging Gender Violence In A Prison Nation, Angela P. Harris 2011 University of California, Davis

Heteropatriarchy Kills: Challenging Gender Violence In A Prison Nation, Angela P. Harris

Washington University Journal of Law & Policy

We need an analysis that furthers neither the conservative project of sequestering millions of men of color in accordance with the contemporary dictates of globalized capital and its prison industrial complex, nor the equally conservative project of abandoning poor women of color to a continuum of violence that extends from the sweatshops through the prisons, to shelters, and into bedrooms at home. How do we develop analyses and organizing strategies against violence against women that acknowledge the race of gender and the gender of race?


Gender Violence In Prison & Hyper-Masculinities In The 'Hood: Cycles Of Destructive Masculinity, SpearIt 2011 Saint Louis University School of Law

Gender Violence In Prison & Hyper-Masculinities In The 'Hood: Cycles Of Destructive Masculinity, Spearit

Washington University Journal of Law & Policy

Part I concludes the introduction to the essay’s thesis by discussing the gender norms in society that rely heavily on the debasement of women. Part II, Documenting Destructive Masculinity, surveys documentary sources, from classic prison biographies to audio-visual works, to examine gender violence in prison. As opposed to some studies based on “random” samples for interview or survey, this Article approaches the problem by focusing on inmates who claim first-hand knowledge of victimization. From these documentary sources the possibilities and permutations of gender violence emerge, including among inmates, guard-on-inmate, and inmate-on-guard. Part III, Structural Impediments, examines legal, political, and ...


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper 2011 Suffolk University Law School

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Washington University Journal of Law & Policy

Angela Harris’s essay in this Symposium makes a valuable contribution to our understanding of hyper-incarceration. She argues, quite persuasively, that the term “gender violence” should be understood broadly to include men’s individual and structural violence against other men. She then considers what we ought to do about the incredible increase in incarceration, mostly of racial minority men, over the past 40 years. She terms this “mass incarceration” and argues that it is best dealt with by a shift from “restorative justice” to “transformative justice.” It is hard to criticize Angela Harris. She is, after all, a founder of ...


Prosecuting The Informant Culture, Andrew E. Taslitz 2011 Howard University School of Law

Prosecuting The Informant Culture, Andrew E. Taslitz

Michigan Law Review

Alexandra Natapoff, in her outstanding new book, Snitching: Criminal Informants and the Erosion of American Justice, makes a compelling case for reform of the system by which we regulate police use of criminal informants. Indeed, as other writers have discussed, law enforcement's overreliance on such informants has led to a "snitching culture" in which informant snitching replaces other forms of law enforcement investigation (pp. 12, 31, 88-89). Yet snitches, especially jailhouse snitches, are notoriously unreliable.


Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez 2011 University of Cincinnati College of Law

Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez

Faculty Articles and Other Publications

Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.

Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to ...


Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park 2011 University of Richmond

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Journal of Law and the Public Interest

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.


Let The Sunshine In: The Aba And Prison Oversight, Michael B. Mushlin 2011 Elisabeth Haub School of Law at Pace University

Let The Sunshine In: The Aba And Prison Oversight, Michael B. Mushlin

Pace Law Faculty Publications

2010 may be remembered as the year in which prison oversight finally found a place on the national correction agenda, thanks in significant part to the attention that the American Bar Association has focused on this topic. In this article, we briefly describe the state of American prisons, trace the recent movement toward prison oversight, describe the rationale for oversight and the benefits it provides, and describe the contribution made to this effort by the ABA through the passage of its landmark resolution in 2008, through its Standards on the Treatment of Prisoners calling for prison oversight, and through the ...


If The Shoe Fits They Might Acquit: The Value Of Forensic Science Testimony, Jonathan Koehler 2011 Northwestern University School of Law

If The Shoe Fits They Might Acquit: The Value Of Forensic Science Testimony, Jonathan Koehler

Faculty Working Papers

The probative value of forensic science evidence (such as a shoeprint) varies widely depending on how the evidence and hypothesis of interest is characterized. This paper uses a likelihood ratio (LR) approach to identify the probative value of forensic science evidence. It argues that the "evidence" component should be characterized as a "reported match," and that the hypothesis component should be characterized as "the matching person or object is the source of the crime scene sample." This characterization of the LR forces examiners to incorporate risks from sample mix-ups and examiner error into their match statistics. But how will legal ...


Proficiency Tests To Estimate Error Rates In The Forensic Sciences, Jonathan Koehler 2011 Northwestern University School of Law

Proficiency Tests To Estimate Error Rates In The Forensic Sciences, Jonathan Koehler

Faculty Working Papers

A proficiency test is an assessment of the performance of laboratory personnel using samples whose sources are known to the proficiency test administrator but unknown to the examinee. Proficiency tests can help identify reasonable first pass estimates for the rates at which various types of errors occur. It is crucial to obtain error rate estimates because the reliability and probative value of forensic science evidence is inextricably linked to the rates at which examiners make errors. Without such information, legal decision makers have no scientifically meaningful way of thinking about the risk of false identification and false non-identification associated with ...


The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel 2011 Northwestern University School of Law

The Need For A Research Culture In The Forensic Sciences, Jonathan Koehler, Jennifer L. Mnookin, Simon A. Cole, Barry A.J. Fisher, Itiel E. Dror, Max Houck, Kieth Inman, David H. Kaye, Glenn Langenburg, D. Michel Risinger, Norah Rudin, Jay Siegel

Faculty Working Papers

The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts' long-standing acceptance of forensic science evidence, the relative dearth of known errors, and the skill and experience of practitioners. This Article reflects an effort made by a diverse group of participants in these debates, including law professors, academics from several disciplines, and practicing forensic scientists, to find and explore ...


Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett 2011 Notre Dame Law School

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

No abstract provided.


The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld 2011 Columbia University

The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld

Adam Shajnfeld

Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing ...


Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, Jessica K. Feinstein 2011 Stanford University

Reforming Adult Felony Probation To Ease Prison Overcrowding: An Overview Of California S.B. 678, Jessica K. Feinstein

Jessica Feinstein

This article provides a holistic examination of California’s groundbreaking Community Corrections Performance Incentives Act, S.B. 678, passed in 2009 in response to California’s prison crisis. S.B. 678 seeks to create stable funding for county probation departments to implement evidence-based practices by shifting resources from the state prison budget to county probation. Probation is the most frequently imposed form of criminal sentence in California—nor is it limited to the least serious offenders. Estimates of the state’s adult probation population range from roughly 325,000 to 350,000. The article illuminates the goals and mechanisms of ...


Police Discretion And Local Immigration Policymaking, Rick Su 2011 University at Buffalo School of Law

Police Discretion And Local Immigration Policymaking, Rick Su

Journal Articles

Immigration responsibilities in the United States are formally charged to a broad range of federal agencies, from the overseas screening of the State Department to the border patrols of the Department of Homeland Security. Yet in recent years, no department seems to have received more attention than that of the local police. For some, local police departments are frustrating our nation’s immigration laws by failing to fully participate in federal enforcement efforts. For others, it is precisely their participation that is a cause for concern. In response to these competing interests, a proliferation of competing state and federal laws ...


Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park 2011 University of Richmond

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Public Interest Law Review

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.


[A Brief Comparative Summary Of The Criminal Law Of The] United States, Paul H. Robinson 2011 University of Pennsylvania

[A Brief Comparative Summary Of The Criminal Law Of The] United States, Paul H. Robinson

Faculty Scholarship

This chapter provides a very brief summary of the central features of American criminal law. Section II describes its source and current form, which is almost exclusively statutory, embodied in the criminal codes of each of the fifty American states and (to a lesser extent) the federal criminal code. Section III sketches the typical process by which a case moves through an American criminal justice system, from the report of a crime through trial and appellate review. Section IV summarizes the most basic objective and culpability requirements necessary to establish liability for an offense and the doctrines that sometimes impute ...


Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai 2011 University at Buffalo School of Law

Sexual Epistemology And Bisexual Exclusion: A Response To Russell Robinson's "Masculinity As Prison: Race, Sexual Identity, And Incarceration", Michael Boucai

Journal Articles

No abstract provided.


Mercy, Crime Control & Moral Credibility, Paul H. Robinson 2011 University of Pennsylvania

Mercy, Crime Control & Moral Credibility, Paul H. Robinson

Faculty Scholarship

If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the ...


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