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Articles 1 - 4 of 4
Full-Text Articles in Law
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Faculty Publications
(Excerpt)
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the Supreme Court of the United States. Chief Justice Roberts’s assertion contains the implied assumption that the only racial discrimination that exists—or at least the only kind that matters under the Constitution—is explicit and susceptible to conscious control. Decades of …
Impeachment By Unreliable Conviction, Anna Roberts
Impeachment By Unreliable Conviction, Anna Roberts
Faculty Publications
This Article offers a new critique of Federal Rule of Evidence 609, which permits impeachment of criminal defendants by means of their prior criminal convictions. In admitting convictions as impeachment evidence, courts are wrongly assuming that such convictions are necessarily reliable indicators of relative culpability. Courts assume that convictions are the product of a fair fight, that they demonstrate relative culpability, and that they connote moral culpability. But current prosecutorial practice and other data undermine each of these assumptions. Accordingly, this Article proposes that before a conviction is used for impeachment, there should be an assessment of the extent to …
Forget Sentencing Equality: Moving From The “Cracked” Cocaine Debate Toward Particular Purpose Sentencing, Jelani Jefferson Exum
Forget Sentencing Equality: Moving From The “Cracked” Cocaine Debate Toward Particular Purpose Sentencing, Jelani Jefferson Exum
Faculty Publications
While a racial equality-themed discourse has traditionally fueled the crack-versus-powder cocaine sentencing debate, this Article asserts that seeking equality in sentencing outcomes is the wrong goal. This Article argues that reformers seeking racial equality in sentencing are misguided in using the cocaine sentencing standards as a benchmark of fairness, because the current cocaine sentencing standards do not effectively serve the purposes of punishment. Rather than focusing on equality, this Article advocates implementing Particular Purpose Sentencing, which involves developing a framework for drug offenses to be analyzed individually and matched with punishments that purposefully address the concerns associated with the particular …
Sentencing, Drugs, And Prisons: A Lesson From Ohio, Jelani Jefferson Exum
Sentencing, Drugs, And Prisons: A Lesson From Ohio, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Prison overcrowding has become a familiar story. Current data shows that more than 1 in 100 adults in America—over 2 million people—are incarcerated, earning the United States the distinction of having the highest incarceration rate in the world. It should not be a surprise, therefore, that state and federal prisons are reaching and exceeding capacity. Nor should it be a shock that drug offenders take up many of the beds in those overcapacity prisons. Relative to other crimes, drug sentencing in the United States has been increasingly harsh since the 1970s, and the prison population is feeling the effects …