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Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell

Georgia State University Law Review

The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.

The construction of African-American men as symbolic assailants is one of the most important factors characterizing police …

Does Race Matter? School Decision Making Among White, Latino, And Polynesian Families, Maria Daniela Barriga

Theses and Dissertations

Low-income parents value excellent schools, yet often enroll their children in low-performing schools. The literature is inconclusive when examining how low-income families go through school choice decisions. It is important to understand the school decision-making process among different racial groups because choosing a good school improves later academic outcomes. Choosing a good elementary school is especially important because this is a critical period in a child's development and can affect performance in subsequent educational institutions. I am interested in understanding how race/ethnicity shapes how low-income parents make decisions about schools. Using interview data from an extensive qualitative study, I examine …

Gettysburg Against Gun Violence, Chentese Stewart

SURGE

On April 4th, the 50th Anniversary of the assassination of Dr. Martin Luther King, Jr., Saheed Vassell, a 34 year old black man, was shot nine times and killed in Crown Heights, Brooklyn, NY. Plain clothes police officers responded to several calls complaining of a man walking through the streets pointing gun at people. They later found out that Saheed was unarmed, and the object in his hand was merely a showerhead.

Saheed had a history of mental illness, and was diagnosed with bipolar disorder years prior. He was well known by longtime residents of the neighborhood who described him …

Searching For Justice In Post-Apartheid South Africa: How Reparations Have The Potential To Move South Africa Towards A Better Future, Margaret J. Eisenhardt

VA Engage Journal

This personal reflection is a result of my experiences abroad in South Africa, particularly the areas of Cape Town, Johannesburg, and Bethulie. Prior to my trip overseas, I learned about the rainbow nation’s principles of unity, forgiveness, and friendship that South Africa values dearly. These notions of harmony were endearing to hear about, but they were quickly challenged as soon as I stepped foot on South African soil. Upon arriving in South Africa and having the chance to meet local people and see the relationships built between individuals there, it was hard to ignore the unrest still existing throughout the …

The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider

Indiana Law Journal

Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with criminal records …

Educational Policy Development For Closing The Black And White Achievement Gap, Markisha Mitchell

Dissertations

Abstract

Across the United States in almost every city, every suburb, and every rural area, there is a gap between the achievements of Black and White students. The term “achievement gap” has become an accepted label in situations where Black students severely underperform relative to their White counterparts. Many school districts have discretely avoided discussing and/or addressing this gap for decades. School District Z, located in an urban suburb of a large Midwestern city, is the focus of this research as they attempt to address the gap. Approximately two-thirds of District Z is composed of students of color, yet the …

Investigating Perceptions Of Race And Ethnic Diversity Among Prospective Police Officers, Natalie Todak, Jessica Huff, Lois James

Criminology and Criminal Justice Faculty Publications

Many have suggested police diversity will improve police-community relations, but research testing this hypothesis is inconclusive. We investigated perceptions of police race, ethnicity, and diversity in a heterogeneous sample of prospective police officers. Data are drawn from interviews with 42 criminal justice college students in the Southwestern United States, of which 15 were Hispanic, and who each wanted to become a police officer. Participants supported diversity in policing, and collectively expressed a belief that race plays a central role in policing today. Furthermore, participants expressed support for the ideals of both passive and active representative bureaucracy. Hispanics in the sample …

"How Mature Are We? The Enduring Legacy Of Martin Luther King, Jr.'S 'Beyond Vietnam' Speech", Kristopher B. Burrell

Publications and Research

This speech was given by Dr. Kristopher Burrell on January 15, 2018 at St. Paul’s Church — National Historic Site, Mount Vernon, NY.

Hope [Reviews], Wendy A. Bach

Scholarly Works

No abstract provided.

Positive Disruption: Addressing Race In A Time Of Social Change Through A Team-Taught, Reflection-Based, Outward Looking Law School Seminar, Alexi Freeman, Lindsey Webb

Sturm College of Law: Faculty Scholarship

Addressing race in the legal classroom has long been a potentially disruptive, even professionally hazardous, act. Despite multiple innovations in the legal curriculum, the decades-long discussion regarding racial inclusion in law schools has led us to the same, largely race-avoidant, place. Now, as we navigate a tumultuous period in which issues of marginalization, structural oppression, and active movement are occupying a prominent space, the need to respond to the growing demands of marginalized communities as well as students’ desires to deepen their understanding of racial injustice is even more pressing. This Article contributes to the literature addressing the inclusion of …

How Defendant Characteristics Affect Sentencing And Conviction In The Us, Payton Kuenzli

Honors Undergraduate Theses

This research study analyzes whether or not there is any relationship between sentencing and conviction and certain defendant characteristics in the US legal system. In the midst of a time where the nation is strongly divided politically, the topic is often the center of research projects and discussions in academic journals. Specifically, this research explores the 3 characteristics- race, gender, and socioeconomic status. Within this article, multiple case studies from other journals are cited in which research and experiments have suggested that these factors do have influence on both whether or not a defendant gets convicted or for how long …

The Incarceration Nation: Interpreting The United States Imprisonment Rate, Robert Sharp

Williams Honors College, Honors Research Projects

This research paper begins by establishing the importance of studying the United States’ incarceration rate. Overall mass imprisonment and racial disparities in sentencing are two of the main concerns when discussing this issue. Previously published literature has indicated various contributory factors to the racial disparity in sentencing, such as judge’s discretion, educational attainment, and policy implementation. This paper tests five hypotheses that assess which factors influence the incarceration rate. The independent variables are overall minority population, public ideology, educational attainment, unemployment, and poverty. Each hypothesis predicts positive or negative relationships between the United States incarceration rate and the corresponding independent …

Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin

Publications

This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique.

Specifically, I trace two themes in the book:

(1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and

(2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement.

I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …

The Impact Of Higher Education, Ethnicity, & The Intersection Of Both On Perceptions Of People With Mental Illness, Natalie Crocker

MA Community Psychology Theses

The purpose of this study was to explore how higher education and ethnicity may individually impact perceptions of people with mental illness, as well as to explore the intersection of higher education and ethnicity on such perceptions. Descriptive phenomenological in design, this study explores the experiences of ten students at a university in Portland, Oregon. In semi-structured, open-ended interviews participants recalled experiences in which higher education, ethnicity, and the intersection of both impacted how they thought about mental illness. Interview transcripts were coded and analyzed using Colaizzi’s (1978) seven-step process. The analysis resulted in several themes supporting the current literature …

From The Dark Tower: Unbridled Civil Asset Forfeiture, Saleema Saleema Snow

Journal Articles

The Black Lives Matter movement reinforces that race dominates all aspects of the judicial system. Police officers are significantly more likely to stop African Americans than Whites. Even when a stop or arrest is unwarranted, law enforcement agencies can still profit from the property seized under the guise of forfeiture statutes. Various state and federal civil asset forfeiture statutes legitimize law enforcement seizing cash, homes, cars, and office equipment—all with nominal due process protections. Despite evidence of discriminatory police practices, the U.S. Supreme Court deems these forfeiture practices constitutional.

This article seeks to reignite the conversation about discriminatory policing and …

The Culturally Proficient Law Professor: Beginning The Journey, Anastasia M. Boles

Law Faculty Scholarship

No abstract provided.

Assessing Dangerousness Amidst Racial Stereotypes: An Analysis Of The Role Of Racial Bias In Bond Decisions And Ideas For Reform, Lydette S. Assefa

Journal of Criminal Law and Criminology

The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial detention in fueling jail and prison overcrowding. The bond process presents a unique opportunity for reform because defendants at this stage are presumed innocent and, as the Supreme Court has affirmed, these defendants possess fundamental rights to liberty and a presumption towards pretrial release. Yet jurisdictions, such …

Promoting Equity For Black Males: A Master Gardener’S Narrative For School Change, Antoinette R. Hudson

Higher Education: Doctoral Research Projects

This doctoral research praxis project discusses the status of Black males in education, provides explanations on the educational disparities that exist for Black male students, and defines possible strategies to remedy the persistent and chronic problem of Black male underachievement in schools. Racism is viewed as one of the factors that contributes to the dilemma of Black male students’ underachievement in school. To better understand the educational disparities, Jones’s conceptual framework, three levels of racism: “A Gardener’s Tale,” was discussed to deconstruct the ways racism may possibly occur within the educational system. Autoethnography was used as the most appropriate mode …

Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump

University of Richmond Law Review

This comment explores ways in which racial bias undermines

the American jury system and argues that simply having a racial

bias exception to the no-impeachment rule does not go far enough

to guard against racially motivated jury verdicts. In order to

guarantee the Sixth Amendment right to an impartial jury, defendants

must always be able to question potential jurors about

racial bias, and universal court policies need to be adopted across

the country that allow for a consistent approach for investigating

claims of racial bias in jury deliberations. Part I of this comment

examines the history of American juries and …

The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto

Theses and Dissertations

This paper is divided into four parts, Part I. Perpetuation of a Disparate System , Part II. Perpetual Marginalization , Part III. My Personal Research and Part IV. Moving Forward . Part I serves to show the pervasive racial disparities throughout the criminal justice system and how these disparities portray a system which discriminates primarily against poor men of color. Part II shows how this community is disadvantaged in various parts of their social, economic and political lives because of the extent of punitivity and criminalization. It explains the way these disadvantages translate to men of color being discriminated against …

The Minority Anti-Hero: Race And Behavioral Justification In Power, Claudia Hernandez

Scripps Senior Theses

This thesis explores the minority anti-hero on television as it relates to concepts of race and behavioral justification. Previous studies have addressed the ways in which whiteness functions advantageously for popular criminal anti-heroes on television, yet little is known regarding the effects of race for similar characters of color. I hypothesized that accessibility of the criminal stereotype does not allow men of color to inhabit the same immoral status as white characters without penalty. I subsequently analyzed the first season from the Starz series Power and conducted a textual analysis using theories of race and hegemonic masculinity to compare the …

#Socialjustice: Combatting Implicit Bias In An Age Of Millennials, Colorblindness, & Microaggressions, Renee Nicole Allen, Deshun Harris

Faculty Publications

Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems. While academic support originally focused on racial integration in law schools, today’s Academic Support professionals support students who are diverse in various ways. As professionals, we cannot assume that our diverse students do not carry bias. Implicit bias, a bias one is not consciously aware of, has the ability to …

A Review Of Disciplinary Interventions In K12 Public Education, Rachel Levy, David Naff, Marcie Terry, Mariah Coffee

MERC Publications

As a part of the Achieving Racial Equity in School Disciplinary Policies and Practices study from the Metropolitan Educational Research Consortium, this literature brief offers an overview of school discipline interventions in K12 public education. This includes more punitive models that have been used in the past that have contributed to racial disparities in discipline outcomes, including corporal punishment and zero-tolerance policies. Additionally, this brief offers an overview of four prominent alternative approaches to school discipline: Trauma Informed Care, Positive Behavioral Interventions and Supports, Culturally Responsive Positive Behavioral Interventions and Supports, and Restorative Practices. The literature brief offers the …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Publications

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …

What Race Terms Do: Du Bois, Biology, And Psychology On The Meanings Of “Race”, Glenn "Boomer" Mac Trujillo

Faculty and Staff Scholarship

This paper does two things. First, it interprets the work of W. E. B. Du Bois to reveal that the meanings of race terms are grounded by both a historical and an aspirational component. Race terms refer to a backward-looking component that traces the history of the group to its present time, as well as a forward-looking component that sets out values and goals for the group. Race terms thus refer to a complex cluster of concepts that involve biological, sociological, historical, moral, and political properties. Second, the paper defends W. E. B. Du Bois’s conservationist thesis about races, which …

Police, Race, And The Production Of Capital Homicides, Jeffrey A. Fagan, Amanda Geller

Faculty Scholarship

Racial disparities in capital punishment have been well documented for decades. Over 50 studies have shown that Black defendants more likely than their white counterparts to be charged with capital-eligible crimes, to be convicted and sentenced to death. Racial disparities in charging and sentencing in capital-eligible homicides are the largest for the small number of cases where black defendants murder white victims compared to within-race killings, or where whites murder black or other ethnic minority victims. These patterns are robust to rich controls for non-racial characteristics and state sentencing guidelines. This article backs up the research on racial disparities to …

The Scale Of Misdemeanor Justice, Megan T. Stevenson, Sandra G. Mayson

Scholarly Works

This Article seeks to provide the most comprehensive national-level empirical analysis of misdemeanor criminal justice that is currently feasible given the state of data collection in the United States. First, we estimate that there are 13.2 million misdemeanor cases filed in the United States each year. Second, contrary to conventional wisdom, this number is not rising. Both the number of misdemeanor arrests and cases filed have declined markedly in recent years. In fact, national arrest rates for almost every misdemeanor offense category have been declining for at least two decades, and the misdemeanor arrest rate was lower in 2014 than …

Validation Of Virginia's Juvenile Risk Assessment Instrument, Jessica P. Schneider

Theses and Dissertations

Utilizing a validated risk assessment tool to predict future offending is recommended as best practices in corrections by a number of professional organizations (Latessa & Lovins, 2010). Guided by the risk-needs-responsivity model, risk assessment tools have evolved to help inform criminal justice practitioners by identifying offenders most in need of intervention or supervision, guiding the case plan to optimize outcomes (Bonta & Andrews, 2007). The Virginia Department of Juvenile Justice (DJJ) utilizes the Youth Assessment and Screening Instrument (YASI) at all stages of contact with youthful offenders, including intake, probation, commitment, and parole (DJJ, 2016). However, risk assessment instruments do …

Skin-Tone And Academic Achievement Among 5-Year-Old Mexican Children, Selamawit Hailu

Theses and Dissertations

Skin-tone based social stratification has been characterized as an enduring part of the U.S. racial landscape (Hunter, 2002). Despite the plethora of research that examines the racial disparities in education (e.g., Reardon & Portilla, 2015), and an emerging literature finding that lighter skin-tones are associated with higher educational attainment among adults (Hunter, 2002) few studies have examined whether similar processes emerge during early childhood. Thus, grounded in Garcia Coll and colleagues’ (1996) integrative model, we tested whether skin-tone predicted children’s academic achievement, and whether these relations were modified by children’s ethnic-racial identification (i.e., positive ethnic-racial attitudes and centrality). Consistent with …

Rethinking The Boundaries Of “Criminal Justice", Benjamin Levin

Scholarship@WashULaw

This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique. Specifically, I trace two themes in the book: (1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and (2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement. I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …