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Same Crime, Same Time? Gender, Race And Jail Sentencing, Mar Echevarria

Theses & ETDs

Currently in the United States, African-American women are incarcerated at a rate 3 times as high as White women. After the establishment of the War on Drugs in the 1980s, incarceration rates tripled, with a particular increase in Black inmates. For my study I investigated whether or not there were racial discrepancies in sentencing amongst women. I gathered data about females that were incarcerated in 2011 from a jail in Florida. I conducted one-way and two-way analysis of variances to determine whether or not race was a significant factor in determining sentencing length across crime type and drug type. I …

What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno

Faculty Scholarship

This Article, which is part of a symposium on "Law and Ethics at the Frontier of Genetic Technology," examines an unprecedented experimental study published in Science. The Science study indicated that psychopathic criminal offenders were more likely to receive lighter sentences if a judge was aware of genetic and neurobiological explanations for the offender’s psychopathy. This Article contends that the study’s conclusions derive from substantial flaws in the study’s design and methodology. The hypothetical case upon which the study is based captures just one narrow and unrepresentative component of how genetic and neurobiological information operates, and the study suffers from …

Like Father, Like Son? Reflections On Black Cultural Capital And Generational Conceptions Of Work, Quaylan Allen, Travis D. Boyce

Education Faculty Articles and Research

This article extends our understanding of Black middle-class social mobility by examining successful cases of social reproduction. Specifically, using autoethnographic methods, two Black junior faculty reflect upon their fathers’ uses of cultural capital and the generational differences in conceptions of appropriate work. For the first generation middle-class Black fathers, material realities and the technocratic nature of their work influenced their interpretations of appropriate employment. In contrast, the second-generation’s access to particular cultural and economic capital influenced the sons’ conceptions of work, demonstrating generational differences in Black middle-class occupational ideology. Responding to deficit views on Black mobility, this article highlights the …

Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd

UF Law Faculty Publications

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …

Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger

Articles

For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.

A Propensity Score Matching Analysis Of Race On The Decision To Petition A Case In The Juvenile Court, George Higgins, Melissa L. Ricketts, James D. Griffith, Stephanie A. Jirard

Contemporary Issues in Juvenile Justice

No abstract provided.

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer

Articles & Chapters

This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The essay charts …

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …

Life And Health Outside Prison, Tiffany Amorette Young

Open Access Theses & Dissertations

This qualitative study explores the subjective understandings of formerly incarcerated individuals' experiences of health and healthcare prior to, during, and post release. The study incorporates in depth ethnographic interviews, participant observation, and life charting to formulate a holistic understanding of how incarceration has impacted the health and lives of the participants recruited for this study. All participants were incarcerated for a minimum of one year in the U.S. prison system. This interdisciplinary study contributes to the fields of sociology, criminology, and public health, and builds on the literature of race, health, and corrections in the United States.

The Politics And Practicalities Of Reentry: A Case Study Of The Reentry Environment In A Suburban Community, Carlene Sipma-Dysico

Dissertations

Although inquiry into reentry has grown significantly in the past decade, studies concerning formerly incarcerated persons entrance back into society tend to look at the outcomes and consequences of reentry, not the process. This "what works and what doesn't work" research approach (Seiter and Kadela 2003) leaves some very important aspects of reentry unexamined. While determining the efficacy of programs designed to reduce recidivism is important for public safety, social policy creation, and budgetary considerations, the role of the community in reentry remains largely unexplored.

This dissertation examines how reentry is done at the community level; by practitioners of reentry, …

Public Attitudes Towards Crime And Punishment In Greece And The Factors Underlying Their Construction, Magdalini Pipini

Other Faculty of Arts, Humanities and Business Theses

Public opinion regarding crime-related issues is a challenging matter for researchers and politicians alike. An ill-informed public with regards to crime, punishment and other aspects of the criminal justice system leads to discontent and demands for harsher policies to strengthen public safety. Politicians harness public opinion to secure votes, and this can result in punitive policies that are founded on erroneous beliefs. The objective of this study is to look more deeply into people’s attitudes towards crime and punishment, and to consider why Greek people hold the views that they do and how these views are constructed. A multi-method approach …

Generations Apart: A Mixed Methods Study Of Black Women’S Attitudes About Race And Social Activism, Carolyn D. Love

Antioch University Dissertations & Theses

Since the beginning of slavery in the United States, Black women have been actively involved in the creation and formation of Black civil society. The abolitionist, Black women’s club, and civil rights movements challenged White supremacy and created institutions that fought for political, social, and economic justice. Historically, Black women have engaged in the struggle for group survival while at the same time fighting for institutional transformation to eliminate or change discriminatory policies, practices, and procedures. With each passing generation, Black women have led efforts of resistance against racial discrimination, gender bias, and class exploitation. However, with each passing generation, …

Race And The Criminal Justice System: A Study Of Racial Bias And Racial Injustice, Nicole C. Haug

Social Sciences

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.

Bias Crime And Minority Threat, Michele Stacey

Dissertations

Beginning in the 1980s, the term hate crime became part of the research canon of criminologists across the United States. Researchers have examined the characteristics of hate crime victims, offenders, and offenses. However, little is known about the context of hate crime, and more specifically about the ways that the changing demographics of the United States have contributed to hate crime. The dissertation examines the relationship between these demographic shifts and the trend in hate crime from 2000 to 2007 through the use of population averaged panel models. These models assess changes over time and across place in the number …

Racial And Ethnic Health Disparities In Incarcerated Populations, Meghan E. Borysova, Ojmarrh Mitchell, Dawood H. Sultan, Arthur R. Williams

Journal of Health Disparities Research and Practice

Alarming disparities in population health and wellness in the United States have led to multi-disciplinary research efforts to create health equity. Identifying disparities, elucidating the etiological bases of disparities, and implementing solutions to eliminate disparities are part of the U.S. national health agenda. Racial and ethnic disparities have been identified throughout the cancer control continuum, in cardiovascular disease, diabetes and a multitude of other conditions. The causes of disparities are complex, condition specific, and conjectured to result from combinations of biological and socio-behavioral factors. Racial and ethnic health disparities within the vast incarcerated communities have been excluded from most studies, …

The Relationship Between Risk And Resilience, Racial Microaggression, Ethnic Identity, And Well-Being In Young Adulthood, Shandra S. Forrest-Bank

Electronic Theses and Dissertations

Young adulthood is the developmental period characterized by the transition from adolescence to the roles and responsibilities of adulthood. While most young adults experience positive growth and accomplishments, many others struggle, especially those with disadvantaged childhoods who lack financial, social, and emotional resources. Substance abuse, crime, educational failure, unemployment, and mental health problems are common among young adults. Unfortunately, many of these problems occur at disproportionately high rates for young people of color. Considerable knowledge of the child and adolescent risk and protective factors that contribute to the onset of problem behavior or to well-being during adolescence has been developed. …

Racism In The Criminal Justice System, Nichole Griffith

Social Sciences

This paper examines racism in the criminal justice system. The criminal justice system creates and perpetuates racial hierarchy in the United States. African Americans are criminalized and targeted because of their skin color. I analyze the Reagan administration, the War on Drugs, corrupt police practices, media, inner city enforcement, police discretion, racial profiling, and sentencing to reveal this racism and unfair treatment of African Americans. These victims of racism face lifelong marginalization and exclusion because they were criminalized. I also draw a link between the criminal justice system and slavery and Jim Crow. This racism explains why there are so …

'People Want To See What Happened': Treme, Televisual Tourism, And The Racial Remapping Of Post-Katrina New Orleans, Lynnell L. Thomas

American Studies Faculty Publication Series

Occupying the space between cultural reproduction and theatrical production, the HBO series Treme offers an important vantage point from which to analyze the intersection of race, class, culture, and media representation animating New Orleans’s post-Katrina tourist identity. Treme illustrates the tension between the welcome recognition and celebration of New Orleans black expressive culture and its spectacularization and commodification. The resuscitation of tourist tropes and an emphasis on jazz and heritage music in the series often render the city’s history of racial conflict and injustice invisible or subordinate to new narratives of cross-racial unity among Katrina survivors and paternalistic actions by …

Standing With Students: An Exploration Of Educational Inequality, Grace Hurner

Social Sciences

No abstract provided.

An Analysis Of The Relationship Between Dropout Variables And The Race And Gender Of High School Students, Eddie M. Jones

Electronic Theses and Dissertations Archive

The purpose of this study was to analyze the relationship between dropout variables and the race and gender of high school students in a mid-south suburban school district. Data was collected on 353 dropouts and 316 graduates that attended one of the district’s eight high schools between the years 2006 - 2011. Variables selected for study included ethnicity, gender, special education classification, socioeconomic status, retention occurrences, absentee rates, behavioral infractions, and grade point average. Descriptive statistics, Correlations, Tests for Differences, and Logistic regression analysis were run to determine both the predictability of these variables and their relationship among the two …

"At Risk Means A Minority Kid:" Deconstructing Deficit Discourses In The Study Of Risk In Education And Human Services, Cinzia Pica-Smith, Carmen Veloria

Pedagogy and the Human Sciences

Unexamined use of ubiquitous terms such as “at risk” in education and human service courses can lead to reifying raced, classed, and gendered deficit perspectives of youth and youth work. This paper examines the social construction of the term “at risk,” following students in four education and human services undergraduate and graduate courses and the work of two counselor and teacher educators as they engaged their students in the process of deconstructing and interrogating this term. Findings reveal that students enter the classroom with raced and classed assumptions of who is at risk. Students demonstrate a deficit orientation that contextualizes …

((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson

Georgia Law Review

This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …

Bridging The Great Divide—A Response To Linda Greenhouse And Reva B. Siegel's "Before (And After) Roe V. Wade: New Questions About Backlash", Lolita Buckner Inniss

Law Faculty Articles and Essays

This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into the …

Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson

Northwestern Journal of Law & Social Policy

Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …

"No Older 'N Seventeen": Defending In Dylan Country, Abbe Smith

Fordham Urban Law Journal

This article is about an actual experience the author had defending a teenager accused of a serious crime where Bob Dylan grew up-- the Minnesota Iron Range. In order to protect the young man's privacy, it does not divulge the actual time period of the case. Likewise, details about his life and the charges he was facing have been changed. His name has been changed to Jamal. Things did not go well for Jamal. Though a child when he was sent from the juvenile jail outside of Washington, D.C. to a secure treatment facility for serious juvenile offenders in the …

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …