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The Difference A Da Makes, Victoria Smiegocki, Shem Vinton, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

During his 2018 campaign to become Dallas County District Attorney, John Creuzot promised to decline prosecution of low-level marijuana misdemeanors. After his election, District Attorney Creuzot (DA Creuzot) honored this campaign promise, issuing policies designed to radically reduce misdemeanor marijuana prosecutions. Analyzing qualitative and quantitative data, the authors describe police enforcement changes associated with the Dallas County District Attorney's Office's (DAO) marijuana prosecution policies. The authors also explore how the DAO's Intake Unit successfully implemented and enforced these marijuana prosecution policies.

The authors show that DA Creuzot's policies were associated with a significant decrease in marijuana misdemeanor arrests and an …

Racial Bias, Accomplice Liability, And The Felony Murder Rule: A National Empirical Study, G. Ben Cohen, Justin D. Levinson, Koichi Hioki

Akron Law Faculty Publications

Two long criticized prosecutorial tools—the felony murder rule and the accomplice liability doctrine—play an outsized role in the operation of American homicide law. Though each of these tools have separately faced intense criticism for their resistance to the supposedly foundational principles of moral culpability and individual responsibility, their legacy is also defined by the way they function symbiotically and specifically to heighten racialized punishment. This Article addresses the weighty combined reach of the accomplice liability doctrine and felony murder rule, and proposes that racial bias has fueled the operation and survival of these tools. Specifically, it suggests that implicit racial …

Sexual Assault Disclosure: The Role Of Survivor And Disclosure Recipient Race & Ethnicity, Nola J.A. Browne

Honors Undergraduate Theses

To date, most research on sexual assault disclosure has utilized samples composed predominately of White women (Fedina et al., 2018). As a result, there is a need for research that examines sexual assault disclosure within racially and ethnically diverse samples. Therefore, the purpose of this study is to examine whether survivors’ race/ethnicity is related to whether they disclose their sexual assault to others of the same and different races and ethnicities. The study recruited undergraduate college students from the UCF Psychology Department Sona System to complete an online survey that assessed history of sexual assault and disclosure of sexual assault …

The Lived Experience Of African American Women Leaders In Georgia Law Enforcement: Advances, Barriers, And Impact On Performance, Juantisa X. Hughes

Antioch University Dissertations & Theses

Law enforcement is a male-dominated field that has been slow to accept and promote African American women to positions of authority. As of 2016, there were only 3.1% Lieutenants and Sergeants, along with 1.6% Captains or higher that were African American women in the United States (Gomez, 2016). More recently, there has not been much change, as women are reportedly only 12% of the sworn officers and 3% of law enforcement leadership in the United States (Tumulty, 2023). Of that number, only 1% of African American women hold the position of Lieutenant or higher (Bureau of Alcohol, Tobacco, Firearms and …

Prosecutorial Data Transparency And Data Justice, Caitlin Glass, Kat Albrecht, Perry Moriearty

Faculty Scholarship

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are …

A Phenomenological Approach: How Hopelessness Affects Achievement In The Areas Of Socio-Economic, Criminality, And Educational Success Within The African American Community, Shawn A. Parker

Doctoral Dissertations and Projects

This phenomenological study was designed to examine how the concept of hope or lack thereof has an impact on the negative discrepancies in the areas of education, criminal behavior, and socio-economic status among African Americans as it compares to Whites. There may be other ethnicities who have significant inconsistencies as well, but for the sack of this study, the comparisons were primarily among African Americans and Whites. The theory guiding this study is the psychodynamic approach. This approach was guided by Sigmond Freud’s desire to understand human behavior; provided a path to studying the events of the past and present …

The Perceived Racial Discrimination Of Incarcerated African American Juveniles By Correctional Officers, Jervaughn Fabian Reid

Doctoral Dissertations and Projects

There is an overrepresentation of African American youths at every stage of the juvenile justice system in America, from initial interaction with criminal justice to sentencing and imprisonment. This quantitative correlational study aimed to study the perceived racial discrimination of incarcerated African American juveniles by correctional officers. Statistics indicate that African Americans have a higher probability of offending and incarceration than their White counterparts. Some juveniles are serving long-term sentences, which may go well into adulthood. This study offers general knowledge on what experiences juvenile offenders go through, what promotes such experiences, and how these experiences can affect the population …

Exploring Intersectional Differences In Employment And Desistance, Rachel Novick

Legacy Theses & Dissertations (2009 - 2024)

Employment is critically important to the re-entry process for most recordholders, as a standard condition of their community supervision agreement, as a turning point, and as a way to solidify new prosocial identities in the desistance process. However, seeking and maintaining gainful employment is easier for some recordholders than others. Prior research suggests that applicant race and gender impacts employment opportunities and outcomes. It is also the case that desistance may look different based on the race and gender of the recordholder. Thus, it may be the case that the relationship between desistance and employment varies for recordholders of different …

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

The Waiting Period Of Death Row Inmates, Ashlee Patino

Masters Theses

The death penalty is the highest form of capital sentencing and punishment in the United States. Since 1973, a little less than half of U.S. states are responsible for passing death sentences and executions. Nevertheless, the growing number of death row inmates is at an all-time high since the late 70s (DPIC, 2022). Although academia and scholarly research has advanced the general understanding of death penalty sentencing, racial disparities resulting in a death sentence and execution has not been studied as comprehensively. Despite the strides in progress made by academia and scholarly research on the death penalty, there are areas …

Religious Liberty, Discriminatory Intent, And The Conservative Constitution, Luke Boso

Utah Law Review

The Supreme Court shocked the world at the end of its 2021–22 term by issuing landmark decisions ending constitutional protection for abortion rights, expanding gun rights, and weakening what remained of the wall between church and state. One thread uniting these cases that captured the public’s attention is the rhetoric common of originalism—a backwards-looking theory of constitutional interpretation focused on founding-era meaning and intent. This Article identifies the discriminatory intent doctrine as another powerful tool the Court is using to protect the social norms and hierarchies of a bygone era, and to build a conservative Constitution.

Discriminatory intent rose to …

Race, Gatekeeping, Magical Words, And The Rules Of Evidence, Bennet Capers --

Vanderbilt Law Review

Although it might not be apparent from the Federal Rules of Evidence themselves, or the common law that preceded them, there is a long history in this country of tying evidence-what is deemed relevant, what is deemed trustworthy-to race. And increasingly, evidence scholars are excavating that history. Indeed, not just excavating, but showing how that history has racial effects that continue into the present.

One area that has escaped racialized scrutiny-at least of the type I am interested in-is that of expert testimony. Even in my own work on race and evidence, I have avoided discussion of expert testimony. In …

The Politicization Of Criminal Prosecutions, Wadie E. Said

South Carolina Law Review

No abstract provided.

Racial/Ethnic Group Differences In Older Adults' Involvement With Adult Protective Services, Kenneth J Steinman, Jason Burnett, Rebecca Hoffman

Faculty, Staff and Student Publications

This paper represents the first study to focus on quantifying racial/ethnic group differences in older adults' involvement with adult protective services (APS).  Across 3 independent county programs, the rate of APS reports was about twice as high for Black older adults compared to White older adults.  These differences were greater for clients who were older and male but remained similar across allegation type.  The percent of reports validated was slightly but consistently lower for Black clients than for White clients, and a lower percentage of Black clients' cases were closed due to investigation or service refusal. Findings for Hispanic clients …

Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.

Ten Thousand Year Slumber, Marino Leyba

Writing Beyond the Prison Living Archive

Poetry

The (Im)Mobility Of Being: The Anti-Black And Colonial Roots Of Contemporary Policing, Korey Tillman

Sociology ETDs

Popular debates over policing often revolve around spectacular forms of police violence that grab national media attention. In this study, I examine the everydayness of contemporary U.S. policing and the antiblack and colonial roots that sustains its many forms. Drawing on three years of ethnographic fieldwork with a grassroots abolitionist organization and homeless service provider, and 23 interviews with Black adults across the U.S., I show how mundane policing serves as sites of racialization where the category of human is contested. I offer stops as an analytic to observe how these mundane forms of policing occur in places such as …

Social Justice Autobiography, Merrick Moore

Writing Beyond the Prison Living Archive

Memoir

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

Factors Associated With The Life Satisfaction Of Gay And Bisexual Men And Their Variation By Race, Robert G. Considine

Dissertations, Theses, and Capstone Projects

Although the literature is replete with evidence showing that gay and bisexual men experience higher rates of negative outcomes than their heterosexual counterparts, the literature exploring the well-being of this population is limited. Life satisfaction is a key aspect of well-being. There has been little research on the factors influencing life satisfaction for gay and bisexual men. Additionally, how these factors may vary by race for this population remains understudied. This gap in our knowledge impedes the ability of social workers to support gay and bisexual men in increasing life satisfaction. In addition, knowledge of how these factors vary by …

After Mccleskey, Robert L. Tsai

Faculty Scholarship

In the 1987 decision, McCleskey v. Kemp, the Supreme Court rejected a black death row inmate's argument that significant racial disparities in the administration of Georgia's capital punishment laws violated the Fourteenth Amendment's Equal Protection Clause. In brushing aside the most sophisticated empirical study of a state 's capital practices to date, that ruling seemingly slammed the door on structural inequality claims against the criminal justice system. Most accounts of the case end after noting the ruling's incompatibility with more robust theories of equality and meditating on the deep sense of demoralization felt by social justice advocates. One might …

Making Space Behind The Veil: Black Agency Within A Predominantly White Religion, Michael Wood, Grace Ann Soelberg, Jacob Rugh

Faculty Publications

The work of W.E.B. Du Bois highlights the significance of Christian religion in Black American life. According to Du Bois, the Black Church serves as a site of self-formation and affirmation, and the White Church as a source of racist beliefs and justifications for inequality. In this paper, we expand Du Bois’ inquiry about the influence of religion with a study of Black Americans who belong to a predominantly White religion. For those whose religious experience is almost wholly within the “white world,” what role does religion play in their lives? We analyze a set of 52 public accounts by …

The Connection Between Colorism And White Supremacy: Colorism As A Tool Of White Supremacy In The Contemporary Age In The United States And Puerto Rico, Taylor Nicole Bell

Senior Theses

As the world moves into a perceived post-racial era, it is important to acknowledge and understand the existing presence and strength of white supremacy. While outright expressions of racism become less acceptable, people of color continue to face discrimination in multiple facets of their lives. One way to preserve and strengthen white supremacy in the modern age is through color-based discrimination or colorism. Across the globe, people of a lighter complexion, or those in closer proximity to whiteness, experience privileges and better treatment than those of a darker complexion. My thesis aims to argue that colorism in the modern age …

The Perpetuation Of Racial Inequalities In The Criminal Justice System, Chloe Bessette

Themis: Research Journal of Justice Studies and Forensic Science

The criminal justice system is not necessarily just and is particularly unfair towards Black Americans. The research shows that they face discrimination in every step of the justice system, from initial arrest to sentencing. Many peer-reviewed sources were analyzed in order to compile the evidence that supports that claim, and what follows is a summation of that research. This paper succinctly proves, using facts, that discrimination and racism still run rampant in the American justice system. These facts include an over 50% higher chance of being killed during an arrest, five times as likely to be incarcerated, three times as …

Not A Monolith: Influence Of Race And Religiosity On Muslim Perceptions Of Police, Arsala Aneeq Khan

Theses and Dissertations

Muslim perceptions of police are not often understood. In order to better understand these attitudes, this dissertation approached Muslim respondents with two main factors in mind: racial identity and religiosity, both identities that often set Muslims apart from other Americans. This dissertation asked respondents four questions about police respect, police importance, police use of force and police defunding. The data for this dissertation was collected by Yaqeen Institute of Islamic Research in summer 2020. In order to compute these questions, a series of structural equation models were run. Findings included Muslim respondents who were aware of discrimination in mosques and …

“They Turn To Violence”: Active Shootings And The Convergence Of Hegemonic Masculinity, Race, And Perceived Injustice, Linda M. Fogg

Doctoral Dissertations

Public rampage shootings like Parkland, FL, the Las Vegas concert shooting, and Sandy Hook are a type of crime that captures national attention. As media covers these incidents and the perpetrators of them, they seek to explain why someone would commit such violence. Using active shooter data for incidents that occurred between 2000 and 2019, I examine shooter identity with particular focus on the shooter’s race, an often-unreported statistic. Finding 55.4% of active shooters are white men, interviews with 20 white men and 10 white women are analyzed for explanations for white men’s violence. These men and women describe active …

Finish This Over Drinks? A Study Of Sexual Harassment Perceptions, Hannah E. Barti

UNLV Theses, Dissertations, Professional Papers, and Capstones

The awareness of sexual harassment has been growing within the workplace, in the home, and within public areas. The #MeToo movement has shined light on this issue in recent years. This study aimed to understand how college students perceive sexual harassment within three scenarios: a music student and their teacher, two coworkers, and between an academic advisor and an adult student. This study included 531 responses from a diverse student population at a Southwest university. Consistent with previous findings, women were more likely to recognize sexually harassing behaviors. There were no significant gender differences in blame attribution in any of …

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.