Digital Commons Network^™

Do Mandatory Minimums Increase Racial Disparities In Federal Criminal Sentencing?, Caroline Gillette

Undergraduate Economic Review

Black males received sentences about twenty percent longer than similarly situated white males from 2012 to 2016. Some of this inequality may be introduced by mandatory minimum sentences. Charges carrying a mandatory minimum sentence are brought against Black defendants at higher rates than white defendants. It has been argued that these sentences introduce bias in two ways: legislatively (the types of crimes that carry a mandatory minimum) and in the way these sentences are put into practice (increasing prosecutorial discretion). This brief explores whether mandatory minimum sentences increase racial inequality in criminal sentencing.

Prison Abolition - Content Warning (Episode 5), Olivia Juarez, Alex (Rhianna) Ramshaw, Jack Jeffery

OtterPod

No abstract provided.

Race-Based Adjustment In Egfr Algorithms: An Integrative Literature Review, Leah E. Utt

Honors Undergraduate Theses

Background: There is a 3-fold risk of developing end stage kidney disease in Non-Hispanic African Americans compared to Non-Hispanic White Americans (Centers for Disease Control and Prevention, 2017). Estimated glomerular filtration rate (eGFR), one of the fundamental algorithms for coordinating treatment for kidney disease which factors in age, race, gender, and levels of creatinine, may pose an issue in this vulnerable population. Currently African Americans receive a correction factor between 1.21 and 1.16 to their eGFR to adjusting the value higher, potentially impacting appropriate kidney disease classification, and delaying beneficial interventions (National Kidney Foundation, 2020).

Methods: A systematic literature search …

Facial Recognition And The Fourth Amendment, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.

This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say …

Race, Class, And Socioeconomic And Sentencing Laws In Opioid Cases, Phaedra Denise Jackson

Walden Dissertations and Doctoral Studies

AbstractThe purpose of the study was to explore social constructs and bureaucratic decisions to assess their effects on sentencing laws based on race, class, and socioeconomic status (SES). The research question guiding the study whether there was a relationship between race, class, SES, and arrests among opioid users. A cross-sectional correlational design using secondary data from Substance Abuse and Mental Health Services Administration 2010-2018 surveys of 265,442 participants and FBI Uniform Crime Reports were assessed to understand the bureaucracy of the opioid epidemic. Lipsky’s street-level bureaucracy theory was used to examine the historical, political, and racial structures within the judicial …

Toward Racially Equitable And Accountable Tech, Andrea Giampetro-Meyer, Janae James, Sydney Brooke

Marquette Law Review

This Article examines three distinct areas to consider how we might move

toward racially equitable and accountable tech. The three distinct areas are:

(1) fair housing, (2) surveillance, and (3) social media. Fair housing raises

questions about where today’s racially biased algorithms fit within the context

of historical, racist government housing policy. Surveillance raises questions

about how some tech tools render Black faces invisible, while others render

Black faces dangerously conspicuous. Social media highlights the clash

between civil rights and civil liberties, especially when racial justice conflicts

with freedom of speech. Our analysis leads us to consider the extent to …

Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros

Journal Articles

This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …

Encroachment: College Athletes’ Experiences With Identity Development As Affected By Media Representations Of Social Justice Demonstrations, Madison Remi Vanwalleghen

Electronic Theses and Dissertations

This study was conducted to understand how communication and identity are experienced by Black university athletes in asking about their experiences and how they gauge mainstream media portrayals of Black NFL athletes making verbal or physical statements about or in protest of social injustice, racism, and inequality in America. I interviewed five university athletes identifying as Black/African American or Mixed- Race using media representations of Black NFL athletes’ protests since the NFL has dominated mainstream media headlines regarding recent athletes’ protests, especially in connection to the Black Lives Matter social movement. I also used several theories to interpret the data …

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 …

Perceptions Of Criminal Responsibility Through The Lens Of Race, Kyle Gamache, Judith Platania, Matt Zaitchik

Arts & Sciences Faculty Publications

Historically, Black defendants have faced more severe sentences compared to White defendants. Research investigating this phenomenon in the paradigm of the insanity defense, found that Black defendants were acquitted as “not guilty by reason of insanity” (NGRI) significantly more often than White defendants (Poulson, 1990). In the current study, we investigate the influence of race of defendant and race of victim on judgments of NGRI in a 3 (race of victim: Black v. White v. Hispanic) x 3 (race of defendant: Black v. White v. Hispanic) between-subjects design. Our results indicated that a Hispanic defendant was acquitted NGRI more frequently …

Teachers' Views On The Intersectionality Between Culture And Student Behaviors, And Experience Using Culturally-Responsive Behavior Interventions, Toshna Pandey

Theses and Dissertations

Students belonging to racially minoritized groups experience more frequent and intense disciplinary consequences for similar rule violations as their White peers. Factors such as deficit-oriented perceptions and implicit biases among teachers have contributed to the disproportionate exclusion of racially minoritized students, thus negatively affecting their social, emotional, behavioral, and school success. Using semi-structured interviews, this study sought to explore elementary school teachers’ views on the intersectionality between race/culture and student behaviors. Additionally, it also examined their experiences using behavior interventions effective for racially minoritized students. Findings suggest that participants often attributed challenging behaviors to student-level factors such as family and …

Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski

Faculty Scholarship

For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial redistribution of resources. A key dimension of that question is whether to accept the Supreme Court's limitation of equal protection to public actors' disparate treatment of members of different races or instead demand constitutional remedies for the racially disparate impact of public action.

For a substantial segment of the …

Educating Antiracist Lawyers: The Race And The Equal Protection Of The Laws Program At Dickinson Law, Dermot M. Groome

Faculty Scholarly Works

The year 2020 has forced us, as a nation, to recognize painful realities about systemic racism in our country and our legal system. The fallacies in our founding documents and the vestiges of our slave past are so woven into our national culture that they became hard to see except for those who suffered their daily indignities, hardships, and fears. As legal educators, we must face the role we have played in helping build the machinery of structural racism by supplying generation after generation of those who maintain that machinery and prosper within it. In this critical moment of our …

The Persistence And Disproportionate Impact Of Felon Disenfranchisement, Rebecca Jaffe

Honors Undergraduate Theses

This paper seeks to understand the persistence of disenfranchisement policies and the disproportionate impact these policies have on marginalized groups of the American electorate, specifically black Americans. Felon disenfranchisement, or the restriction of voting rights for criminals convicted of felonies, has been a long-standing policy throughout the United States. Using public opinion data from the 2014 General Social Survey (GSS), this paper analyzes how certain characteristics, such as race, age, and political party identification, can influence opinions about democratic rights and whether criminals should lose theirs once convicted. The results of this analysis could help explain why disenfranchisement policies have …

Home Equity: Rethinking Race And Federal Housing Policy, Sarah E. Waldeck, Rachel D. Godsil

Faculty Publications & Other Works

Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.

Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …

Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck

Faculty Publications & Other Works

Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity—both financial and racial—is not accidental. Federal government programs have armed white people with agency to construct “white” spaces while stigmatizing “Black” spaces. The urgency of addressing structural injustice in housing has been laid bare by police-involved shootings and the disparate death rates linked to COVID-19.

Using political philosopher Tommy Shelbie’s theory of corrective justice, this Article explores the historical and present-day harms that need to be rectified and then …

A Reflection On Integration, Neil G. Williams

Faculty Publications & Other Works

I wrote this essay in December 2019, shortly after attending the 2019 LatCrit Conference in Atlanta. I grew up in Atlanta during the heyday of the Civil Rights Movement in the 1960s into the early 1970s. Attending the 2019 LatCrit Conference brought back memories of my experiences as part of the earliest waves of black students sent to integrate Atlanta's historically all-white high schools. In the intervening years, too many elementary and high schools in America remain segregated (or, in many instances, only nominally integrated) as broad swaths of America have abandoned the commitment to ensuring that our young people …

This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burress, Tony Sanchez, Joshua Cottle

Mitchell Hamline Law Review

No abstract provided.

Correction Of Monumental Judicial Malpractice: The Case For Clearing Secessionist And Slaveholding Symbols Of "Justice" From The Courthouse, Michael J. Pastrick Esq.

Mitchell Hamline Law Review

No abstract provided.

The Seven (At Least) Lessons Of The Myon Burrell Case, Leslie E. Redmond, Mark Osler

Mitchell Hamline Law Review

No abstract provided.

Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson

Mitchell Hamline Law Review

No abstract provided.

The $2 Billion-Plus Price Of Injustice: A Methodological Map For Police Reform In The George Floyd Era, David Schultz

Mitchell Hamline Law Review

No abstract provided.

Race Youth In Twentieth-Century American Literature And Culture, Claire E. Lenviel

Theses and Dissertations--English

Race Youth in Twentieth-Century American Literature and Culture argues for the centrality of black youth, both real and literary, to the trajectories of African American literature and its repudiation of white supremacy. Drawing on research into the rise of the adolescent and teenager as distinct social categories, I argue that age-based subjectivity should inform how we read race-based subjectivity. My first chapter explores how early twentieth-century black periodicals push back against white supremacist theories of human development in an explicit appeal to what I call “race youth,” the children and adolescents who would take up the mantle of racial uplift. …

A Taxonomy Of Police Technology’S Racial Inequity Problems, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate inequity in policing. To help address these concerns, some advocates and scholars have proposed requiring police agencies to seek and obtain legislative approval before adopting a new technology, or requiring the completion of “algorithmic impact assessments” to evaluate new tools.

In order for policymakers, police agencies, or scholars to evaluate whether and how particular technologies may aggravate existing inequities, however, the problem must be more clearly defined. Some scholars have explored inequity in …

2021: How Gender And Race Affect Justice Now - Final Report, Justice Sheryl Gordon Mccloud, Dana Raigrodski, Sierra Rotakhina, Kelley Amburgey-Richardson

Books

In 1989, the Washington Supreme Court’s Task Force on Gender and Justice in the Courts produced a groundbreaking report on the impact of gender on selected areas of the law. It concluded that gender did affect the availability of justice. We – the Washington State Supreme Court Gender and Justice Commission – are a product of that report and its recommendations. Now, in 2021, we have completed our follow-up study.

Our legal and social science research, our data collection, and our independent pilot projects all led us to the same frustrating conclusion about the effect of gender in Washington State …

Interracial Dialogues In Dixie: Expressing Emotions To Promote Racial Reconciliation, Jeneve R. Brooks Phd, Sharon Everhardt Phd, Samantha Earnest Phd, Imren Dinc Phd

Peace and Conflict Studies

Given the legacy of racial injustice and mistrust that continues to plague race relations in the United States, it is important that citizens of different racial backgrounds come together to share their feelings and thoughts about race issues in order to advance racial reconciliation in their own communities. Saunders (1999) asserts that such dialogues can transform interracial relationships that could inspire the larger community to change itself. This study presents the results of nine interracial focus groups from two dialogues on race relations events held in Dothan, Alabama in 2015 and 2016. Our findings illustrate that many Black respondents displayed …

Race And Proportionality Of Traffic Stops By Four Police Departments In Demographically Distinct Communities., Danielle Sheree Lessard

Walden Dissertations and Doctoral Studies

Most police departments in the southcentral region of the United States do not racially represent the communities they serve. This lack of diversity has led some communities to perceive law enforcement as racially biased. The purpose of this quantitative, non-experimental, correlational, cross-sectional study was to assess the validity of this perception based upon traffic stop data. Using representative bureaucracy theory, this study examined the traffic stop summary data of four police departments in the southcentral region of the U.S. for 2016-2019. The study aimed to determine if a police department’s racial demographics impacted the stop proportionately to the racial representation …

Redefining Healthcare To Address Racial Health Disparities & Inequities, Abdur Rahman Amin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

How Race Impacts Physical Injuries And Psychological Distress For Victims Of Hate Crimes, Lisa Diane Alexander

Walden Dissertations and Doctoral Studies

AbstractHate crime in the United States divides people from different ethnic groups, cultures, and races. As such, hate crime continues to pose a threat to the safety of members of society because the crimes are driven by animosity. Hate crimes are believed to be more pernicious than mainstream crimes because they send a message to other members of the group that they are not accepted. The purpose of this study was to examine the extent to which hate crimes were more injurious to African Americans as compared to other underrepresented groups and the psychological impact hate crimes had on the …

The Association Between Experiencing Police Arrest And Suicide Ideation Among Emerging Young Adults: Does Race Matter?, Manik Ahuja, Kathie Records, Angela M. Haeny, Eleni M. Gavares, Hadii M. Mamudu

ETSU Faculty Works

The objective of the study was to examine the association between lifetime arrest and marijuana-related first arrest with past-year suicide ideation among Black and White people. We used data from Wave-IV (2008–2009; N = 5114) of the publicly available National Adolescent Health Study (Add Health) data. A total of 4313 Non-Hispanic Black and White participants were selected for this study. Logistic regression was used to assess whether lifetime arrest and marijuana-related arrests were associated with past year suicide. Overall, 28.8% of the sample reported lifetime arrest, 6.3% reported lifetime suicide ideation, and 3.7% reported marijuana-related arrest. A significantly higher percentage …