Digital Commons Network^™

Bias In, Bias Out, Sandra G. Mayson

Scholarly Works

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impact. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race, (2) adjustments to algorithmic design to equalize predictions across racial lines, and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive, because the source of racial inequality in risk assessment lies …

Federal Guilty Pleas: Inequities, Indigence And The Rule 11 Process, Julian A. Cook

Scholarly Works

In 2017 and 2018, the Supreme Court issued two little-noticed decisions—Lee v. United States and Class v. United States. While neither case captured the attention of the national media nor generated meaningful academic commentary, both cases are well deserving of critical examination for reasons independent of the issues presented to the Court. They deserve review because of a consequential shared fact; a fact representative of a commonplace, yet largely overlooked, federal court practice that routinely disadvantages the indigent (and disproportionately minority populations), and compromises the integrity of arguably the most consequential component of the federal criminal justice process. In each …

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Zoning, Race, And Marijuana: The Unintended Consequences Of Proposition 64, Alexis Holmes

Lewis & Clark Law Review

This Article revisits the campaign to legalize cannabis in California with Proposition 64. It then dissects the localism within the new California regulations and how it conflicts with the social justice goals central to the spirit of Proposition 64’s passage. With local governments retaining control over marijuana in their jurisdictions, land use takes on new importance with respect to how marijuana will be controlled. The problem is that the land use system, like the criminal law apparatus, has yet to overcome systemic racism that is inherently part of its design. Proposition 64 wrongly relied on local control to regulate marijuana …

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers

Scripps Senior Theses

The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …

The Effects Of Race, Ethnicity, And Language On Competency To Stand Trial Evaluations, Gonzalez Melvin Pagan

All-Inclusive List of Electronic Theses and Dissertations

Forensic evaluators receive training on multicultural assessment and most forensic assessment textbooks include guidelines addressing multicultural issues, but there is little research examining how race/ethnicity and linguistic differences may impact competency to stand trial evaluations. There is a need for research to better understand the needs of Hispanic individuals who are among the fastest growing populations in the United States. Prior studies suggest that clinicians may diagnose African American defendants and Hispanic individuals with a more severe diagnosis when compared to Caucasian individuals. When defendants communicate in their secondary language or require the use of an interpreter it may impact …

Disparity Does Not Mean Bias: Making Sense Of Observed Racial Disparities In Fatal Officer-Involved Shootings With Multiple Benchmarks, Brandon Tregle, Justin Nix, Geoffrey P. Alpert

Criminology and Criminal Justice Faculty Publications

Racial disparities in officer-involved shootings have dominated the national discourse recently. Unfortunately, we have yet to identify an appropriate benchmark, or at-risk population, to put these observed racial disparities into context. In this article, we use seven benchmarks—based on population data from the US Census, police-citizen interaction data from the Police-Public Contact Survey, and arrest data from the Uniform Crime Report—to compare OIS fatality rates for black and white citizens from 2015 to 2017. Using population, police-citizen interactions, or total arrests as a benchmark, we observe that black citizens appear more likely than white citizens to be fatally shot by …

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …

The Impact Of Black Lives Matter Movement Publicity On Juror Decision Making, Emily R. Nerness

Graduate Theses/Dissertations

Others have investigated separately whether general pretrial publicity (PTP) or racial salience have an impact on juror decision making, but no one has explored a potential connection between the two. With information about the Black lives matter (BLM) movement recurring in the media, the question arises of whether news about the BLM movement can increase racial salience, thereby influencing juror decision making. The present research addressed whether 1) exposing participants to pro-BLM or negative-BLM news articles would influence verdicts and guilt ratings when compared to a control group, 2) whether this PTP effect would be different for Black versus White …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

True Colors: Crime, Race And Colorblindness Revisited, Itay Ravid

Faculty Publications

TRUE COLORS: CRIME, RACE AND COLORBLINDNESS REVISITED Itay Ravid* The violent, racially motivated events of the Charlottesville rally unleashed demons that many Americans believed were long buried. Old Jim Crow-inspired racism came straight through the front door. Yet critics of colorblind policies were not surprised. For them, such an eruption of racial hatred manifested what they had repeatedly argued: colorblind policies neither alter racial predispositions nor affect the unequal treatment of minorities in the United States. In fact, colorblindness has given rise to a modern, latent type of racism. This Article empirically investigates this claim in an unexplored context—the media’s …

Imagining Intersectional Anti-Rape Messaging At An Organization In Cape Town, South Africa: Visible And Invisible Subjects, Maslen Bode Ward

Independent Study Project (ISP) Collection

Less than one month ago, South Africa held the first ever Summit on Gender-Based Violence and Femicide to assess the most effective ways to approach solving the country’s high rates of gender-based violence. My study aims to consider anti-rape messaging and advocacy under an intersectional framework, using one organization in Cape Town as a case study. I examine how anti-rape messaging in South Africa has failed to consider intersectional identities in their imagined conceptions of survivors and perpetrators. I explore the potential for intersectional anti-rape messaging and the role of race, class, gender, culture, and language in the distribution, audience, …

Racial Differences In The Effect Of Marriageable Males On Female Family Headship, Terry Ann Craigie, Samuel L. Myers, William A. Darity

Economics: Faculty Publications

Female family headship has strong implications for endemic poverty in the United States. Consequently, it is imperative to explore the chief factors that contribute to this problem. Departing from prior literature that places significant weight on welfare-incentive effects, our study highlights the role of male marriageability in explaining the prevalence of never-married female family headship for blacks and whites. Specifically, we examine racial differences in the effect of male marriageability on never-married female headship from 1980 to 2010. By exploiting data from IPUMS-USA (N = 4,958,722) and exogenous variation from state-level sentencing reforms, the study finds that the decline in …

Media Portrayals Of Police-Involved Deaths In U.S. Newspapers, 2013-2016, Jeannice Latoya Louine

Theses and Dissertations

In the past five years, there have been numerous newspaper reports on police-involved deaths (PID) in the U.S, many of which have involved African American males as victims (Shane, Lawson, & Swenson, 2017). Police-involved deaths (PID) is defined as a death of an individual that results from police action (i.e., by firearm, by electroshock weapon [commonly known as a Taser©], or by vehicle). Given the amount of coverage of police-involved deaths, it is important to investigate which PID victims receive the most coverage in U.S. newspapers. This study merges three databases (Fatal Encounters, the Washington Post, and the Guardian) which …

Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl

Faculty Articles, Papers, and Other Scholarship

On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …

Exploring Factors That Enhance Career Advancement For African-Americans Across Various Criminal Justice Occupations: A Qualitative Examination, Antonio Jon Bryer

Sociology & Criminal Justice Theses & Dissertations

This study examined the factors that are important for African-Americans to reach executive-level positions within the field of corrections. Using nine semi-structured interviews with current and former executive-level corrections professionals, it was found that investments in social capital and human capital are the main career advancement enhancers. However, when it came to factors that were specific to African-American corrections professionals, a majority of the respondents mentioned proficiency as an enhancer.

Assailants Or Saints?: Racial, Ethnic, And Gender Depictions On A Social Media Based City News Website, Thomas R. Hochschild Jr., Lorna Alvarez-Rivera, Rikki Hightower, Alison Zeaser, Taylor Prain, Ra'shone Lewis

The Journal of Public and Professional Sociology

A large literature indicates that Black males are overrepresented as criminals in traditional newspapers and broadcast news. However, little scholarly attention has been paid to online-only city newspapers. The authors conducted a content analysis of a social media based city news website in a Southeastern state. Multiple coders assessed 8,142 stories that ran over the course of three years and found that, in line with previous research, Black males were disproportionately portrayed as criminals, were more likely to have mugshots accompanying their stories, and were more likely to have their race mentioned in the text of the story than any …

Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl

Northern Illinois University Law Review

On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …

Equal Protection And The Social Sciences Thirty Years After Mccleskey V. Kemp, Destiny Peery, Osagie K. Obasogie

Northwestern University Law Review

No abstract provided.

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Northwestern University Law Review

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements—which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior to enacting …

"Playing It Safe" With Empirical Evidence: Selective Use Of Social Science In Supreme Court Cases About Racial Justice And Marriage Equality, Russell K. Robinson, David M. Frost

Northwestern University Law Review

This Essay seeks to draw connections between race, sexual orientation, and social science in Supreme Court litigation. In some respects, advocates for racial minorities and sexual minorities face divergent trajectories. Among those asserting civil rights claims, LGBT rights claimants have been uniquely successful at the Court ever since Romer v. Evans in the mid-1990s. During this period, advocates for racial minorities have fought to preserve earlier victories in cases such as Regents of the University of California v. Bakke and have failed to overturn precedents that strictly limit equal protection possibilities, such as McCleskey v. Kemp. Nonetheless, we argue …

Eyes Wide Open: What Social Science Can Tell Us About The Supreme Court's Use Of Social Science, Jonathan P. Feingold, Evelyn R. Carter

Northwestern University Law Review

The Northwestern University Law Review’s 2017 Symposium asked whether McCleskey v. Kemp closed the door on social science’s ability to meaningfully contribute to equal protection deliberations. This inquiry is understandable; McCleskey is widely understood to have rendered statistical racial disparities doctrinally irrelevant in the equal protection context. We suggest, however, that this account overstates McCleskey and its doctrinal impact. Roughly fifteen years after McCleskey, Chief Justice William Rehnquist—himself part of the McCleskey majority—invoked admissions data to support his conclusion that the University of Michigan Law School unconstitutionally discriminated against white applicants.

Chief Justice Rehnquist’s disparate treatment of statistical …

Equal Protection Under The Carceral State, Aya Gruber

Northwestern University Law Review

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …

Contributing Factors To Mass Incarceration And Recidivism, Nayely Esparza Flores

Themis: Research Journal of Justice Studies and Forensic Science

The United States has been historically known for having the most incarcerated individuals in its country. Approximately 2.3 million adults can be found under some type of penal control. Since the 1960s, the number of incarcerated individuals can be attributed to decades of tough on crime policies, controversial police practices, and racism. Mass incarceration has raised significant social justice issues, especially since it has been heavily concentrated on poor, uneducated African American men. Moreover, recidivism rates in the United States are at an all time high with over 76.6% of offenders reoffending and returning to prison (National Institute of Justice, …

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Intersections Between Gender, Race, And Justice-Involvement: A Mixed Methods Analysis Of Women's Experiences In The Oregon Criminal Justice System, Breanna Lynne Boppre

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since the 1970s, the rate of female incarceration in the United States skyrocketed, with highest imprisonment rates among Black and Latina women. Nonetheless, few studies examined disparities in female imprisonment and the distinct experiences of women of Color within the justice system. To fill this gap in the literature, this dissertation utilized conflict and intersectional perspectives to assess the differential treatment of women in the Oregon justice system. Using a convergent mixed methods design, this dissertation examined disparities in female imprisonment using state-level prison admissions and population data from 1983-2014 in conjunction with qualitative interview and focus group responses among …

Police Interventions, Public Perceptions, And The Rdfc Interaction Model, Stacey L. Clouse

UNLV Theses, Dissertations, Professional Papers, and Capstones

Procedural justice and police legitimacy research suggests that perceptions of legitimacy are based on the credibility of police (Sunshine & Tyler, 2003). However, highly publicized incidents of police use of force serve to threaten that credibility. High profile incidents between police and citizens in Black communities have contributed to national protests and, as some data suggest, increased violence toward the police (FBI.gov, 2016). Extensive media coverage of these incidents has contributed to an increased sensitivity toward police- citizen interactions leading to incidents of civil unrest (Weitzer, 2002). The incidents of civil unrest suggest that we should more closely examine factors …

Are Jurors’ Judgments About Confessions Affected By Juvenile Defendant Race?, Lisa Dobrowolsky

Criminal Justice

This research is focused on understanding jurors’ beliefs about how much weight juvenile defendants’ confessions should be given, especially when the confessions were coerced. This is an important topic because adolescents are vulnerable and at risk for producing false confessions. Because of their age and other developmental factors, they can sometimes be coerced by police during interrogation to admit to crimes they did not commit. Once a confession is obtained, it can be very persuasive to jurors because it is hard for them to believe that someone would admit to a crime they did not commit. This can lead to …

Swimming In A Sea Of No's: Controlling And Managing The New York Public Pools, Mette L. Jensen

Dissertations, Theses, and Capstone Projects

Swimming in a Sea of No's: Managing and Controlling the New York Public Pools traces the genealogy of the regulations, surveillance, and rules employed at New York public pools. The thesis discusses the intent and implications of the spatial strategies created to order and control the environment surrounding the swimming pools, and discusses how municipal public pools as specific, local landscapes manifest broader social and cultural processes. The main focus is on the transformation of the pools during the 1980s and 1990s, two decades after the fiscal crisis in 1975, when the pools had become defunded, dysfunctional spaces. By tracing …

The Structurally Adjusted School: School Restructuring And Youth Political Incorporation In Suburban America, Erin Michaels

Dissertations, Theses, and Capstone Projects

My dissertation argues that key 21st century education reforms intended to improve education for Latinx and Black students are actually new mechanisms of educational inequality. I examine this trend in the suburbs where Latinx and Black populations are growing due to new immigration and gentrification. I show how state-mandated education reforms use conditional financing and coercive restructuring policies to undermine the school’s local control by tying major reforms to vital school aid and threatening it with closure. I relate this model to the Structural Adjustment Programs (SAPs) the IMF and World Bank use globally in order to coerce countries to …