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Full-Text Articles in Law

A Critical Perspective On Testimonial Injustice: Interrogating Witnesses' Credibility Excess In Criminal Trials, Jasmine Gonzales Rose Jan 2024

A Critical Perspective On Testimonial Injustice: Interrogating Witnesses' Credibility Excess In Criminal Trials, Jasmine Gonzales Rose

Faculty Scholarship

This paper offers a critical race theory perspective on the testimonial injustice experienced by racially minoritized criminal defendants in evidential practice. It builds off Federico Picinali’s paper, inter alia, substantiating how minoritized criminal defendants experience testimonial harm through credibility deficit, by exploring epistemic injustice to the same when prosecutorial witnesses receive identity-based credibility excess. It argues that in an adversarial criminal legal system, the testimonial injustice of credibility excess afforded racial in-group prosecutorial witnesses should be considered in tandem with the testimonial injustice of credibility deficit imposed on racial out-group defendants. Only then can the epistemic harm and resultant …


Free-Ing Criminal Justice, Bennett Capers Apr 2022

Free-Ing Criminal Justice, Bennett Capers

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux


Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington Jan 2022

Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington

Upper Level Writing Requirement Research Papers

No abstract provided.


When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber Jan 2015

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Publications

Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …


Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik Jan 2013

Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Dan Subotnik

No abstract provided.


Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik Jan 2012

Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik

Scholarly Works

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.