Digital Commons Network^™

Skimmed Milk: Reflections On Race, Health, And What Families Tell Us About Structural Racism, Robin A. Lenhardt, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.

The Racial Architecture Of Criminal Justice, I. Bennett Capers

Faculty Scholarship

One of the pleasures of contributing to symposia—especially symposia where each contribution is brief—is the ability to engage in new explorations, test new ideas, and offer new provocations. I do that now in this essay about race, architecture, and criminal justice. I begin by discussing how race is imbricated in the architecture of courthouses, the quintessential place of supposed justice. I then take race and architecture a step further. If we think of architecture expansively—Lawrence Lessig’s definition of architecture as “the physical world as we find it” comes to mind—then it becomes clear that race is also imbricated in the …

Rhetoric & Nostalgia In Criminal Justice Reform (Symposium), Michael Gentithes

Akron Law Faculty Publications

Activists for criminal justice reform must think both broadly and equitably. There is little doubt that overpolicing in some communities contributed to mass incarceration and widespread distrust of officers, which in turn limited officers' ability to solve crimes in all neighborhoods. But calls to defund focus too narrowly on overpolicing alone. Ending any interaction between government investigators and people of color is not a panacea for the myriad injustices in our system of criminal adjudication. It may leave the victims of crime in low-income neighborhoods to either accept their plight or resort to self-help, an avenue that leads to disastrous …

Citizens, Suspects, And Enemies: Examining Police Militarization, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Concern about the increasing militarization of police has grown in recent years. Much of this concern focuses on the material aspects of militarization: the greater use of military equipment and tactics by police officers. While this development deserves attention, a subtler form of militarization operates on the cultural level. Here, police adopt an adversarial stance toward minority communities, whose members are regarded as presumptive objects of suspicion. The combination of material and cultural militarization in turn has a potential symbolic dimension. It can communicate that members of minority communities are threats to society, just as military enemies are threats to …

Policing And "Bluelining", Aya Gruber

Publications

In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …

Sentencing Length Disparity Across Gender And Race For Drug Offenses, Alexis Griggs

Walden Dissertations and Doctoral Studies

Research on sentencing outcomes have concentrated on disparities between gender and race with a range of influences in legal decision making. This study was an examination of whether the same form of sentencing inconsistency is found with offenders who were convicted of drug offenses. A quantitative method (ANCOVA) was used to analyze the difference in sentencing outcomes. Data from the United States Sentencing Commission from 2016 fiscal year were used to investigate the role of gender and race in sentencing disparity and examine whether an offender’s prior sentencing history and drug amount influences sentencing outcomes. The results of this study …

Relationship Between Immigration And Violent Crime In Nontraditional Immigrant Destinations, Shane Frazer

Walden Dissertations and Doctoral Studies

AbstractSeveral recent debates have occurred about the effects that immigration has on crime in the United States, and although most studies indicate that increased immigration does not increase crime, some research indicates that immigration affects crime in some ways. With some noted recent attacks by immigrants on U.S. citizens, politicians and citizens are calling for lawmakers to implement more laws that will reduce immigration. The purpose of this quantitative study was to bridge this gap in literature by comparing the number violent crimes to the number of immigrants from 1970 through 2010 in Georgia. The goal of this study was …

Pandemic, Protest, And Agency: Jury Service And Equal Protection In A Future Defined By Covid-19, Patrick C. Brayer

Faculty Works

This essay calls for an expansive view of Fourteenth Amendment equal protection against the discriminatory empanelment of juries grounded upon a culture of systemic racism. For an individual juror fundamental elements of survival during a pandemic are access to health care, safe transportation, and connective technology. Yet, structural and systemic racism precludes many potential jurors of color from securing these necessary supports, thus denying them the ability to be recognized on juror source list or accommodated for jury service. Jury service is a direct and impactful act of citizen agency over the justice system, and the systemic exclusion of individuals …

Awakening The American Jury: Did The Killing Of George Floyd Alter Juror Deliberations Forever?, Tamara F. Lawson

Articles

In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the knowledge of a lived experience with police different from their own. The gruesome realities of the video were irreconcilable with those prior beliefs and did not comport with any moral or legal standards of dignity. Prior to witnessing George Floyd's death on video at the hands …

Reimagining Care: Surviving And Thriving Among Lgbtq African Americans In Birmingham, Alabama, Stacie Lynn Hatfield

Theses and Dissertations--Anthropology

This dissertation draws on fieldwork with Black LGBTQ identifying individuals and communities in Birmingham, Alabama conducted from 2015-2019 as part of a project that reimagines theories of care. Informed by scholars of Black and feminist studies, I conceive of forms of care as negotiations of survival and tactics of thriving that are worked out in everyday practices and discourses among LGBTQ African Americans. I show how histories of racial inequality and centuries of resistance, surviving, and thriving among communities of African descent intersect with LGBTQ politics, space, and identity to create strategies and places of individual and community care. My …

The Effects Of Race, Sociopolitical Attitudes, And Geographic Location On Criminal Scripts, To'meisha S. Edwards

College of Graduate Studies: Theses & Dissertations

Recent social unrest has highlighted differences in how crime is perceived based upon the race of the perpetrator. Decades of research suggests criminality is more easily associated with racial and ethnic minorities leading to the racialization of crime. Mutz (1994) noted there are personal factors as well as impersonal factors influencing views regarding race and crime. Research suggests the strongest impersonal influence on society’s perception is the media (Gilliam et al., 2002; Umair, 2016). Therefore, the narrative of linking race and crime, which is prevalent in news media, is reinforced every time viewers tune in to their local news. Additionally, …

Inconspicuous Victims, Itay Ravid

Faculty Publications

Recent debates on racial inequalities in the criminal justice system focus on offenders while neglecting the other side of the criminal equation—victims of crime. Such scholarly oversight is surprising given the similarly deep racial disparities in the treatment of victims, manifested in different stages of the criminal justice system. Delving into the underexplored territory of racialized victimization, this project bridges that gap and exposes the roots of the disparate treatment of Black victims in the American criminal justice system. These unprecedented times of the COVID-19 pandemic and racial tensions bring to the fore questions about governmental allocation of resources and …

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.

Othering Across Borders, Steven Arrigg Koh

Faculty Scholarship

Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.

Deficit Frame Dangers, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as an essential, if insufficient, catalyst of social change. In part, it is. But in critical respects that remain underexplored in legal scholarship, civil rights litigation can hinder short- and long-term projects of racial justice.

Specifically, certain civil rights doctrines reward plaintiffs for emphasizing community deficits—or what I term a “deficit frame.” Legal doctrine, in other words, invites legal narratives that track, activate, and reinforce pernicious racial stereotypes. This dynamic, even in the context of well-intended litigation, risks entrenching conditions that drive racial inequality—including the conditions that litigation is often intended to address. …

The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose

Faculty Scholarship

In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.

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. …

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 Impacts Of Race And Video Angle On Judgments Of Police Interactions, Shelby Gabrielle Wynn

Graduate Theses/Dissertations

With the invention of video recording on cell phones and the increased use of social media, the ability to record and distribute instances of police misconduct has become much easier. In recent years, such videos have captured White police officers using extreme force towards black citizens, many times leading to their deaths. Despite the increase in access to these videos, many of the officers involved are not convicted (or even indicted) of any crimes. Researchers have begun to examine variables that impact how people judge videotaped police/civilian interactions. For example, it has been found that when viewing interrogation videos, people …

Through The Funnel: A Critical Policy Analysis Of Educational Policy Relating To The School-To-Prison Pipeline., Jesse V. Hall

Special Education ETDs

The purpose of the present study involved analyzing the policies of the Trump administration to determine the ways it impacted the school-to-prison pipeline. The focus of the study included the Departments of Education and Justice. The findings revealed educational policies and deregulatory practices that maintained and intensified the school-to-prison pipeline.

A Study Of Student Experiences Of Racial Microaggressions At A Hispanic-Serving Institution, Alexandra E. Hughes

Theses and Dissertations

The purpose of this study was to examine college students’ experiences of racial microaggressions at a Hispanic serving institution. The participants were undergraduate and graduate students from a large higher education research institution in South Texas. The study had a qualitative approach with a two-step process of Phase 1 and Phase 2. Phase 1 of the study consisted of a participant selection survey sent to students via e-mail to obtain their experiences of racial microaggressions. In Phase 2, three focus groups were the means used to collect data. The findings suggested that there were experiences of racial microaggressions at the …

Going For The Green: Social Equity In The Recreational Cannabis Industry, Benjamin P. Sheppard

Lincoln Memorial University Law Review Archive

In the Summer of 2020 Americans marched in the streets to protest police brutality and the killing of George Floyd. Some activists point out that the disparate enforcement of the war on drugs frequently makes minorities a frequent target for police brutality. After decades of total war, the war on drugs is showing signs of drawing down as 11 states have legalized recreational cannabis. Nonetheless, as states legalize recreational cannabis rich white entrepreneurs enjoy a greater share of legalization’s economic benefits. Seeking to remedy this problem, six states have enacted cannabis social equity laws that encourage the participation of individuals …

Paternal Presence As A Protective Factor For A Black Daughter's Teen Births, Marquitta Dorsey

Journal of Family Strengths

Associations between father presence in the home and delayed adolescent sexual activity is well established among middle-class populations. However, considering the prevalence of nonresident fathers among Black households, it is necessary to explore whether such associations extend to early adolescent births for Black adolescent females, and whether mother’s timing of sexual debut and level of education confirm previous findings and predict early teen birth outcomes among Black females, who disproportionately represent the second highest teen birth rate (Hamilton, Rossen & Branum, 2016). The Centers for Disease Control and Prevention urges researchers to explore within group differences among groups of adolescent …

Privacy And The Digital Divide: Investigating Strategies For Digital Safety By People Of Color, Denavious Hoover

Theses and Dissertations

People of color are becoming increasingly concerned with digital privacy. They are concerned about the obfuscated data collection and sharing practices of major social media plat- forms and the strong entitlement of other users in the online space to their content. This study examines how people of color conceptualize and behave to produce safety in the online space, or, in other words, digital privacy. This study challenges notions that people are not purposeful about privacy in the online space and highlights the voices of people of color, whom are not of- ten included in theorizing or decision making about the …

Gut Renovations: Using Critical And Comparative Rhetoric To Remodel How The Law Addresses Privilege And Power, Lucille A. Jewel

Scholarly Works

No abstract provided.

Impacts Of Mental Health First Aid On Mental Health Literacy And Stigma, Junseon Hwang

Student Theses

Mental Health First Aid has been developed to train the general public to give initial support to those in mental health crisis and development. The effectiveness of Mental Health First Aid has been questioned due to its relatively short history of the course. Mental Health First Aid was recently widely-disseminated in New York City as part of the ThriveNYC initiative. While most studies were supportive of the training, there has been no study that specifically examines New York residents. We recruited 328 New York residents who self-reported whether or not they have participated in Mental Health First Aid via Amazon …

Gun Ownership As An Expression Of Whiteness And Masculinity., Michael Daugherty

Electronic Theses and Dissertations

Public discourse on the topic of gun ownership in the U.S. is polarized, with the debate framed as a binary between unquestioned gun rights versus a complete ban. Gun ownership can have grave consequences: guns are used to commit acts of violence and suicide. Interviews with white male gun owners explore the influence of white backlash, masculinity, and racial identity development in their decisions to own guns. This project explores the extent these reasons are related to race on the part of white males, starting with these two questions: How much does race play a factor in the action and …

Role Of Municipal Governance In Stabilizing Mature Inner Suburbs: A Study Of Five St. Louis Municipalities 1970-2015, Napoleon Williams Iii

Dissertations

This study explores the role of municipal governance in municipal-level stabilization of inner suburbs in St. Louis County, Missouri. The data, from 1970 to 2015, include a robust collection of official government archives collected from five municipalities in St. Louis County, historical documents, city-state-national statistical data, and related materials. Interviews of 25 stakeholders were conducted and data were analyzed based on the community power structure framework.

I outline five mature St. Louis inner suburbs’ evolution in municipal-level conditions from 1970 to 2015, and I detail the role each suburbs’ municipal governance played in the evolution of municipal-level conditions. I conclude, …

Fatca, The U.S. Congressional Black Caucus, And The Oecd Blacklist, Steven Dean

Faculty Scholarship

It may no longer be fashionable to refer to the United States as a melting pot, but it remains an incredibly heterogenous country. Both in terms of the race of those born there and the national origin of its immigrants, the United States has long enjoyed the benefits and burdens that come with diversity.¹ Its diversity can make even a seemingly simple story complicated, producing unexpected twists and surprise endings. This article tells a tale in which diversity helped change the face of international tax policy.

The United States has long wielded great power in international taxation. From the …

Organizational Dissent: The Implications Of Race And Dissent Outcomes, Siera N. Bramschreiber

Masters Theses & Specialist Projects

Dissent, the public expression of a minority perspective, is valuable to organizations due to its connections with improving decision-making processes within teams. The current study sought to integrate what is known about diversity in thought and diversity in people and how this influences the dissent process. Specifically, I examined if positive perceptions of dissenters (i.e., worthy of respect or courageous) differ based on the race of the dissenter. Second, I examined if stories of successful articulated dissent influence subsequent willingness to dissent. In developing a scenario to manipulate dissent outcomes ranging from negative outcomes (i.e., hostility) to positive outcomes (i.e., …