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The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. 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 offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Racial Character Evidence In Police Killing Cases, Jasmine Gonzales Rose

Faculty Scholarship

The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers’ use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled. This Article provides an explanation for these failures: juror reliance on “racial character evidence.” Too often, jurors consider race as evidence in criminal trials, particularly in police killing cases where the victim was a person of color. Instead of focusing on admissible evidence, jurors …

Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson

Faculty Scholarship

The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …

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

Articles by Maurer Faculty

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 …

Negotiating Motherhood And Intersecting Inequalities: A Qualitative Study Of African American Mothers And The Socialization Of Adolescent Daughters, Brandyn-Dior Mckinley

Doctoral Dissertations

'Archival abstract submitted'

Race, Socioeconomics, Intelligence, And Criminal Offending: Accounting For Variation In Criminal Justice Outcomes, Elise Marie Ferguson

Sociology ETDs

Racial disparities in arrests and incarceration are well documented and typically considered the result of differences in rates of offending. However, research indicates variation in rates of arrest and incarceration by race is not due entirely to differences in offending. While criminal offending can result in part from differences in economic and social factors, these factors also influence criminal justice outcomes. The focal concerns perspective posits that criminal justice actors develop a schema – a pattern of thought or behavior – which can influence decision making and lead to differential treatment by race in criminal justice outcomes. This schema can …

Fair Housing And Inclusive Communities, Molly W. Metzger, Amy T. Khare

Center for Social Development Research

Residential segregation—by race and by income—is a fundamental driver of inequality in the United States. Segregated living patterns undergird many of the social problems faced by disadvantaged populations. Solutions to segregation include interventions that create housing opportunity in higher income areas, preserve affordability in gentrifying areas, and target investment to the areas most in need. The realization of fair housing and the creation of inclusive communities would be bolstered by innovation in community–academic partnerships.

Pathways To Delinquency And Substance Use Among African American Youth: Does Future Orientation Mediate The Effects Of Peer Norms And Parental Monitoring?, Dexter R. Voisin

Faculty Scholarship

The following study assessed whether future orientation mediated the effects of peer norms and parental monitoring on delinquency and substance use among 549 African American adolescents. Structural equation modeling computed direct and indirect (meditational) relationships between parental monitoring and peer norms through future orientation. Parental monitoring significantly correlated with lower delinquency through future orientation (B = −.05, standard deviation =.01, p <.01). Future orientation mediated more than quarter (27.70%) of the total effect of parental monitoring on delinquency. Overall findings underscore the importance of strengthening resilience factors for African American youth, especially those who live in low-income communities.

The Fallacy Of A Colorblind Consent Search Doctrine, Beau C. Tremitiere

Northwestern University Law Review

Most searches conducted by police officers are “consensual” and thus beyond the reach of the Fourth Amendment. However, such searches violate the Fourth Amendment when, under the totality of circumstances, consent appears to be a product of coercion—that is, when the consent was involuntary. In 1980, in Mendenhall v. United States, the Supreme Court identified race as a relevant factor courts should consider but failed to explain precisely why race was relevant. After decades of mistreatment and state-sanctioned violence, distrust of law enforcement was rampant in communities of color, and the Mendenhall Court correctly intuited (but failed to describe) the …

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.

The Violent State: Black Women's Invisible Struggle Against Police Violence, Michelle S. Jacobs

UF Law Faculty Publications

Black women have a very specific history with the state and law enforcement that is not replicated among other women’s communities, and it is that unique situation that is the focus of this Article. Part I of this Article explores the historical roots of Black women’s interaction with the state. Part II of this Article is broken into two sections. The first will cover police killings of Black women. The second part of the section will explore the conditions under which Black women are physically assaulted by the police. Part III of the Article seeks to highlight when the police …

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery

Northwestern Journal of Law & Social Policy

No abstract provided.

Democratizing Criminal Justice Through Contestation And Resistance, Jocelyn Simonson

Northwestern University Law Review

Collective forms of participation in criminal justice from members of marginalized groups—for example, when people gather together to engage in participatory defense, organized copwatching, community bail funds, or prison labor strikes—have a profound effect on everyday criminal justice. In this Essay I argue that these bottom-up forms of participation are not only powerful and important, but also crucial for democratic criminal justice. Collective mechanisms of resistance and contestation build agency, remedy power imbalances, bring aggregate structural harms into view, and shift deeply entrenched legal and constitutional meanings. Many of these forms of contestation display a faith in local democracy as …

Racing Abnormality, Normalizing Race: The Origins Of America's Peculiar Carceral State And Its Prospects For Democratic Transformation Today, Jonathan Simon

Northwestern University Law Review

For those struggling with criminal justice reform today, the long history of failed efforts to close the gap between the promise of legal equality and the practice of our police forces and prison systems can seem mysterious and frustrating. Progress has been made in establishing stronger rights for individuals in the investigatory and sanctioning stages of the criminal process; yet, the patterns of over-incarceration and police violence, which are especially concentrated on people of color, have actually gotten worse during the same period. Seen in terms of its deeper history however, the carceral state is no longer puzzling: it has …

Criminalizing Pregnancy, Cortney E. Lollar

Law Faculty Scholarly Articles

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the harm …

Remotivating The Black Vote: The Effect Of Low-Quality Information On Black Voters In The 2016 Presidential Election And How Librarians Can Intervene, Andrew P. Jackson, Denyvetta Davis, James Kelly Alston

Publications and Research

In a phenomenon that was surprising to many, given the racially charged nature of the 2016 presidential election, black voter turnout was significantly lower than the previous two elections. Donald Trump’s victory is attributable to many factors, one of which was the lower participation of black voters in several swing states. To a lesser extent, black support for third-party candidates also aided Trump’s victory. The lower black turnout itself is attributable to several factors, but one factor specifically in the LIS realm was the prevalence of low-quality information and rhetoric and a susceptibility that some black voters had to this …

When It Is Troublesome To Do Right: A Narrative Analysis Of The Continual Censorship And “Sivilizing” Of Huckleberry Finn, Angela P. Branyon

Teaching & Learning Theses & Dissertations

This qualitative dissertation is a part of a broader program of research that investigates intellectual freedom. The study focuses on developing understanding in three distinct, but related, research areas – the American historical and cultural narrative of race, the historical discourse of intellectual freedom, and the role The Adventures of Huckleberry Finn can play in adding to and perhaps changing these historic stories. By using historical narrative inquiry, data was examined from each story to find correlations among the discourses Where previous research centers on and develops the reasons why Huck Finn has been challenged, this research focuses on how …

Beyond Us-Centered Multicultural Foundations On Race, James C. Jupp, Miryam Espinosa-Dulanto

Bilingual and Literacy Studies Faculty Publications

Our conceptual essay begins with the recognition of the U.S. racialized tragedy and embattled discussions on race. Within this tragedy and embattled discussion, we attempt to renew and reinvigorate authentic, dialogic, and vulnerable exchanges on race. With this focus, we critique yet further advance multicultural foundations’ notions of racial identity predominant in the academy and in broader national discussions on race. Critiquing yet advancing multicultural foundations, we emphasize conceptual content from five books on race and power by Cornel West. Working through West’s conceptual content, we emphasize complex and historicized identifications and relationalities as key concepts in the present moment.

Perspective-Taking Of The Defendant: Does Race Influence The Final Sentencing Verdict For Mock Jurors?, Matthew A. Pardo

College of Science and Health Theses and Dissertations

The main objective of this study is to test whether there are disparities in a final sentencing verdict, of a guilty defendant that identifies as either African-American or Caucasian. Using a mock-jury design, participants were randomly assigned to the police report of Jamal Washington (representing the African-American defendant), or Greg Sullivan (representing the Caucasian defendant). Additionally, participants were randomly assigned to either take the perspective of the defendant or not to take the perspective of the defendant (control). This combination of race and perspective-taking as manipulations allows for the examination of the extent of racial schemas in courtroom settings through …

Demeanor, Race, And Police Perceptions Of Procedural Justice: Evidence From Two Randomized Experiments, Justin Nix, Justin T. Pickett, Scott E. Wolfe, Bradley A. Campbell

Criminology and Criminal Justice Faculty Publications

President Obama’s Task Force on 21st Century Policing recently endorsed procedural justice as a way to restore trust between police and communities. Yet police–citizen interactions vary immensely, and research has yet to give sufficient consideration to the factors that might affect the importance officers place on exercising procedural justice during interactions. Building on research examining “moral worthiness” judgments and racial stereotyping among police officers, we conducted two randomized experiments to test whether suspect race and demeanor affect officers’ perceptions of the threat of violence and importance of exercising procedural justice while interacting with suspicious persons. We find that suspect race …

Learning To Disclose: A Post Colonial Autoethnography Of Transracial Adoption, Joni Schwartz, Rebecca Schwartz

Publications and Research

This autoethnographic research project examines the transformational learning of a transracial adoptive adult mother and daughter through the lens of postcolonialism. As collaborative researchers, adult adoptee and adoptive mother, examine this lifelong learning experience through critical self-reflection, qualitative meta-analysis, and autoethnographic research methods within the overarching historical and sociopolitical context of Haiti. The findings address the lived complexities of increasingly hybrid families, particularly around the contentious boundaries of race, nationality, and colonial history, as they impact transformational learning. Color blindness and racial identity development for both mother and daughter within their relationship are explored. Implications for adult educators around the …

Studying Guilt Perception In Millennials: Unexpected Effects Of Suspects' Race And Attractiveness, D. Lisa Cothran, Elena V. Stepanova, K. Raquel Barlow

Faculty Publications

The present study explored mock jurors’ guilt judgments with a 2 (Jurors’ Race: Black vs. White) × 2 (Suspects’ Race: Black vs. White) × 2 (Suspects’ Attractiveness: High vs. Low) design in a group of Millennials (N = 331). Black jurors were more lenient; all jurors were more lenient toward Black suspects; and White jurors were less lenient toward Black unattractive suspects. The current study contributes the following novel findings to the literature: documentation of a possible Black experimenter effect in mock jurors; an interaction among suspects’ race, suspects’ attractiveness, and jurors’ race, suggesting that racial bias exhibited by …

Racial Salience In Context: The Role Of Visual Information On Conviction Decisions, Krystia Grembocki

Undergraduate Psychology Research Methods Journal

Jurors arguably play the most influential role in determining the outcome of most criminal trials. The U.S. legal system relies on them to make unbiased, substantiated decisions based on evidence presented in court. The problem with this expectation is that jurors are ordinary people who are subject to the influence of extralegal factors – variables that are not legally related to a case (e.g. how a defendant looks). Unfortunately, when jurors hold implicit biases regarding the appearance of defendants, extralegal factors, such as race, tend to have at least some impact on their verdict (Maeder & Hunt, 2011; Mitchell, Haw, …

The Effect Of Phenotypic Bias On Lineup Construction Fairness, Sydney Y. Wood

Student Theses

There is converging evidence that people make inferences about others’ culpability and deservingness of punishment based on whether they express more of the African phenotype (e.g., darker skin, wider nose, thicker lips; Blair, Judd, & Chapleau, 2004; Eberhardt Goff, Purdie & Davies, 2004; Kahn & Davies, 2011). What is less clear is whether facial features that are phenotypically related to particular racial groups play a role in the mistaken identification of innocent Black suspects. Eyewitness descriptions lack detail with regard to racial phenotypes (Fahsing, Ask & Granhag, 2004; Nicholson & Kovera, 2013). Without descriptions containing phenotypic features to use when …

Mass Shootings And The Media: How Race And Ethnicity Influence Media Coverage, Emily Wheeler

Themis: Research Journal of Justice Studies and Forensic Science

Topics related to crime and the criminal justice system comprise a majority of topics discussed in the media. This study explores how media coverage of mass shootings varies based on the racial or ethnic identity of the shooter. Topics examined include popular beliefs and misconceptions about the race of mass murderers, the role mass media plays in influencing public perceptions about race and crime related topics, and the alarming rate at which the public recognizes and accepts the media as a reliable source of information when official data sources provide a much different picture. Further analysis of the Columbine High …

Current Criminal Justice System Policy Reform Movements: The Problem Of Unintended Consequences, Robert D. Crutchfield

Indiana Journal of Law and Social Equality

The history of criminal justice reform in the United States has numerous examples of both good and negative consequences. Frequently the latter have been unintended and unexpected. In this article, I point to several potential unintended consequences of the current, bipartisan push for criminal justice reform and how they may be exacerbated by the failure of policy makers to heed the knowledge of both academic criminologists and criminal justice system practitioners. Criminal justice reform can minimize the possibility of unintended negative consequences by using this knowledge and by following time honored principles of justice.