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Full-Text Articles in Law
“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams
“[T]Here Appears To Be Intentional Discrimination In The Panel”: The Case For Abolishing Peremptory Challenges In Georgia, Ariane Williams
Georgia Criminal Law Review
In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court attempted to prevent peremptory strikes motivated by race. However, evidence and jurisprudence since Batson have indicated that the Court did not succeed. Furthermore, peremptory strikes perpetuate racial imbalance in juries and erode public faith in an unbiased legal system, as seen in reactions to the recent McMichael-Bryant trial in Georgia, in which only one black juror was seated. Given the longstanding and intractable issues with peremptory challenges, the Arizona Supreme Court decided to eliminate them entirely in 2021. This Article argues that Georgia should follow suit and abolish …
Bias In, Bias Out, Sandra G. Mayson
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 …
The Scale Of Misdemeanor Justice, Megan T. Stevenson, Sandra G. Mayson
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 …
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Scholarly Works
Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …