Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

Race

Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 122

Full-Text Articles in Entire DC Network

Race, Severe Mental Illness, And Crime: An Intersectional Look Into Stigma And Policy Implications, Elena Therese Vaudreuil May 2024

Race, Severe Mental Illness, And Crime: An Intersectional Look Into Stigma And Policy Implications, Elena Therese Vaudreuil

Open Access Theses & Dissertations

Criminal behavior has been a long-discussed topic in the United States and often is tied to characteristics such as race and mental illness. The presumed connection between criminal behavior and being a member of a racial minority group or having a mental illness have been researched for years, however few researchers have sought to take an intersectional approach to investigate the unique experiences of people belonging to both groups in the criminal legal system. Using the lenses of attribution and intersectionality theories, the proposed studies sought to understand the effect of race that influences policy support of justice-involved people with …


The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald Apr 2024

The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald

Psychology Student Papers and Posters

Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …


Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li Nov 2023

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …


Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr. Sep 2023

Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.


The Perpetuation Of Racial Inequalities In The Criminal Justice System, Chloe Bessette May 2023

The Perpetuation Of Racial Inequalities In The Criminal Justice System, Chloe Bessette

Themis: Research Journal of Justice Studies and Forensic Science

The criminal justice system is not necessarily just and is particularly unfair towards Black Americans. The research shows that they face discrimination in every step of the justice system, from initial arrest to sentencing. Many peer-reviewed sources were analyzed in order to compile the evidence that supports that claim, and what follows is a summation of that research. This paper succinctly proves, using facts, that discrimination and racism still run rampant in the American justice system. These facts include an over 50% higher chance of being killed during an arrest, five times as likely to be incarcerated, three times as …


Finish This Over Drinks? A Study Of Sexual Harassment Perceptions, Hannah E. Barti May 2023

Finish This Over Drinks? A Study Of Sexual Harassment Perceptions, Hannah E. Barti

UNLV Theses, Dissertations, Professional Papers, and Capstones

The awareness of sexual harassment has been growing within the workplace, in the home, and within public areas. The #MeToo movement has shined light on this issue in recent years. This study aimed to understand how college students perceive sexual harassment within three scenarios: a music student and their teacher, two coworkers, and between an academic advisor and an adult student. This study included 531 responses from a diverse student population at a Southwest university. Consistent with previous findings, women were more likely to recognize sexually harassing behaviors. There were no significant gender differences in blame attribution in any of …


Sticky Situations: Understanding The Law And Life, Krystal Banks Mar 2023

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.


Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury Jan 2023

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …


The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner Jan 2023

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …


State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen Jan 2023

State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen

Theses and Dissertations

This dissertation was prepared to offer a scholarly investigation on the justice officials’ consideration of race in making decisions for sanctions and sentencing of African American juveniles. The research provided an extreme review of the justice system to place in context the differential treatment of Black youths. African American juveniles’ cumulative experience of discrimination and racial disparities in the juvenile justice system and adult criminal justice system. An examination of the overrepresentation of African Americans in the justice system. A journey from juvenile delinquency to adult criminality. An early destination starts at arrest to intake to juvenile court then transfer …


Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin Jan 2023

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …


How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski Jan 2023

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …


Pretrial Consequences: The Impact Of New York State Bail Reforms On Racial And Ethnic Disparities In Pretrial Outcomes, Esther Laaninen Dec 2022

Pretrial Consequences: The Impact Of New York State Bail Reforms On Racial And Ethnic Disparities In Pretrial Outcomes, Esther Laaninen

Student Theses

This study investigates the impact of New York’s 2020 Bail Reforms on racial and ethnic disparities in pretrial outcomes for New York State. 2019, 2020, and 2021 arraignment data from the Office of Court Administration Pretrial Release Datasets are used to determine whether racial and ethnic disparities for White Non Hispanic, Black Non Hispanic, Hispanic, and other race defendants narrowed after the implementation of the new law. The results from descriptive analysis, binary logistic regressions, and ANOVA tests suggest that racial-ethnic disparities have not abated, even though the proportion of defendants required to pay cash bail has sharply declined among …


Aggressive Reality Docuseries And Cyberbullying: A Partial Test Of Glaser’S Differential Identification Theory, J. Ra’Chel Fowler, Darren R. Beneby, Kenethia L. Fuller Nov 2022

Aggressive Reality Docuseries And Cyberbullying: A Partial Test Of Glaser’S Differential Identification Theory, J. Ra’Chel Fowler, Darren R. Beneby, Kenethia L. Fuller

International Journal of Cybersecurity Intelligence & Cybercrime

Reality docuseries have dominated primetime airwaves for the greater part of three decades. However, little is known about how viewers who are enamored with the genre’s most aggressive characters are influenced. Using Glaser’s (1956) theory of differential identification, this study employs survey data from 210 college students at a historically Black college and university to explore whether identification with characters from aggressive reality docuseries (ARDs) and the frequency of viewing ARD are positively associated with cyberbullying. Results of multivariate analyses revealed that men were more likely than women to publicly shame others and air other’s dirty laundry online. Additionally, the …


Racism In Barnstable County’S Judiciary System, Olivia Brown Aug 2022

Racism In Barnstable County’S Judiciary System, Olivia Brown

Honors Program Theses and Projects

This research outlines how racism is prevalent in the court system in Barnstable County, Massachusetts. When looking at research of racism in Massachusetts’ courts, specifically from the Harvard Law Report titled, “Racial Disparities in Massachusetts Criminal System,” published in 2020, I became intrigued with the topic. This raised the research question of is racism prevalent in Barnstable County’s judicial system. This study consists of interviews with defense attorneys from Barnstable County, detailing their personal experiences and thoughts on racism in the courts. This study demonstrates that there is racism in this court, however it tends to go unnoticed due to …


The American Racial Divide In Fear Of The Police, Justin T. Pickett, Amanda Graham, Francis T. Cullen May 2022

The American Racial Divide In Fear Of The Police, Justin T. Pickett, Amanda Graham, Francis T. Cullen

Department of Criminal Justice and Criminology Faculty Publications

The mission of policing is “to protect and serve,” but recent events suggest that many Americans, and especially Black Americans, do not feel protected from the police. Understanding police-related fear is important because it may impact civilians’ health, daily lives, and policy attitudes. To examine the prevalence, sources, and consequences of both personal and altruistic fear of the police, we surveyed a nationwide sample (N = 1,150), which included comparable numbers of Black (N = 517) and White (N = 492) respondents. Most White respondents felt safe, but most Black respondents lived in fear of the police killing them and …


Racialized Mass Incarceration In The United States: Exposing The Facade Of “Liberty And Justice For All”, Emily Wingfield Apr 2022

Racialized Mass Incarceration In The United States: Exposing The Facade Of “Liberty And Justice For All”, Emily Wingfield

The Compass

No abstract provided.


Racial Differences In Perceptions Of Sanction Severity, Sarah L. Franklin Mar 2022

Racial Differences In Perceptions Of Sanction Severity, Sarah L. Franklin

USF Tampa Graduate Theses and Dissertations

Research has consistently found an association between race and relative perceptions of incarceration severity. Black people view incarceration as less severe than an equivalent period of probation. However, few studies have examined why this relationship exists. The present study surveys a large sample of young adults to examine whether the observed relationship between race and incarceration severity can be replicated. In doing so, the study then considers whether constructs related to socioeconomic status, criminal system experiences, perceptions of legitimacy, and sanction attitudes explain the racial divide. Results indicate a significant relationship between race and incarceration severity, such that Black people, …


Reinforcing The Web Of Municipal Courts: Evidence And Implications Post-Ferguson, Beth Huebner, Andrea Giuffre Jan 2022

Reinforcing The Web Of Municipal Courts: Evidence And Implications Post-Ferguson, Beth Huebner, Andrea Giuffre

Criminology and Criminal Justice Faculty Works

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address …


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis Jan 2022

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …


White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib May 2021

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …


The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez May 2021

The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez

Themis: Research Journal of Justice Studies and Forensic Science

Across the country, police are using aggressive, military-style policing tactics to enforce the law. These aggressive tactics disproportionately affect minorities and residents of lower-income communities. Recent protests by the Black Lives Matter movement have taken place in response to the deaths of individuals such as George Floyd and Breonna Taylor. Aggressive police presence at these demonstrations has been prominent, despite protesters’ peaceful intent. The police are not only present at rallies and protests but also at celebratory events like major cities' sports celebrations. This paper examines militarization as a result of the War on Drugs, the 1033 program, racial politics, …


From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia May 2021

From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia

Themis: Research Journal of Justice Studies and Forensic Science

Police officers were introduced in the American school system to provide White communities with a sense of safety. However, these police officers are not well trained to provide students with support and instead are trained to deal with situations with force. The implicit bias of police officers criminalizes and punishes Black, Indigenous, and People of Color (BIPOC) students unfairly. School shootings have continued to enforce the idea that officers are needed. However, this notion is untrue. Policing in schools builds a school-to-prison pipeline that is now, in the online schooling era, translating to the Zoom-to-prison pipeline, which reveals that BIPOC …


To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau Apr 2021

To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau

Honors Projects

In this project, I seek to answer the question: To what extent is the death penalty a tool of racial terror in America, and how can we fix it? America has long been plagued by the legacy of slavery and white supremacy. In the reconstruction era, when slavery was no longer legal, angry white citizens would simply round up African-Americans and lynch them if they felt they had done something “wrong”. However, in the modern era, such blatant displays of racism are illegal, and the racist views of society are subverted into the court system. Black men are disproportionately arrested …


Official Misconduct, Exoneree Race, And The Length Of Time From False Conviction To Exoneration, Blase S. Rokusek Jan 2021

Official Misconduct, Exoneree Race, And The Length Of Time From False Conviction To Exoneration, Blase S. Rokusek

Undergraduate Research Journal

We investigated the interaction of official misconduct (OM) committed by criminal justice officials and race of the defendant in the context of the length of time from conviction to exoneration. We included in our study cases from 1989 to 2020 from the National Registry of Exonerations (NRE), which compiles in its database exonerations accomplished both with and without DNA evidence. Analysis revealed that there does exist an interaction effect of OM and race of the defendant. The timeframe from conviction to exoneration was longest when the case involved both OM and a Black exoneree. Our results indicate that official misconduct …


Cultivation Theory: Media Effects Toward Consumer Evaluations Of The Criminal Courts, Lindsey Dale Elliott Jan 2021

Cultivation Theory: Media Effects Toward Consumer Evaluations Of The Criminal Courts, Lindsey Dale Elliott

Murray State Theses and Dissertations

A substantial body of literature connects media effects to consumer perceptions of the criminal justice system. Research on the topic of cultivation theory has highlighted that an increased fear of crime within the general populace, due to an exaggeration of violence and criminal activity in the mass media, has spurred increased support for punitive policing, harsher sentencing, and positive feelings toward capital punishment. However, no research exists to explicate the cultivation of consumer perceptions toward the criminal courts. This study examines the impact of media consumption through television, the internet, and social media on consumer evaluations of the criminal courts. …


Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli Jan 2021

Prosecuting Civil Asset Forfeiture On Contingency Fees: Looking For Profit In All The Wrong Places, Louis S. Rulli

All Faculty Scholarship

Civil asset forfeiture has strayed far from its intended purpose. Designed to give law enforcement powerful tools to combat maritime offenses and criminal enterprises, forfeiture laws are now used to prey upon innocent motorists and lawful homeowners who are never charged with crimes. Their only sins are that they are carrying legal tender while driving on busy highways or providing shelter in their homes to adult children and grandchildren who allegedly sold small amounts of low-level drugs. Civil forfeiture abuses are commonplace throughout the country with some police even armed with legal waivers for property owners to sign on the …


Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley Jan 2021

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

Articles

The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.

Black and disabled people are disproportionately represented in …


Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli Dec 2020

Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli

Capstones

Jacob Rouse was 18 years old when he drove the getaway car that would define the rest of his life. He sat in his blue Ford Taurus, waiting to drive his three friends away from the scene of a robbery in Rochester, New York. Jacob was parked about a block away when one of his accomplices shot and killed 22-year-old Herschel Scriven, a local youth pastor and church organist.

He is now seeking clemency.


The Impact Of Race/Ethnicity On Sentencing: A Matching Approach, Travis Jones Jul 2020

The Impact Of Race/Ethnicity On Sentencing: A Matching Approach, Travis Jones

Theses and Dissertations

The purpose of this study is to study the direct impact of race/ethnicity on sentencing of federal drug offenders. In order to accomplish this goal, an exact matching approach is utilized to generate strata containing white, black and Hispanic offenders who are matched based on relevant legal and extra-legal factors derived from focal concerns theory. The total sentences (i.e. fines, probation, incarceration, etc.) of matched offenders are then compared pairwise to determine which offender received the more severe sentence. The findings overall do not suggest that black and Hispanic offenders receive more severe sentences to comparable white offenders; however, drug …