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George Washington University Law School

2022

Incarceration

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Full-Text Articles in Law

Race And The Criminal Law Curriculum, Cynthia Lee Jan 2022

Race And The Criminal Law Curriculum, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter briefly sketches a few places in the substantive criminal law curriculum where law professors can include discussion of race to enrich students’ understanding of the law. These include racially based jury nullification, the void-for-vagueness doctrine, hate crimes and the actus reus requirement, voluntary manslaughter and the defense of provocation, involuntary manslaughter, rape, the doctrine of self-defense, the “Black rage” defense, and the “cultural defense.” The chapter also discusses the Guerilla Guides to Law Teaching project, which suggests that criminal law professors introduce the concept of abolition of the carceral state as a framework through which students can “question …


Remorse, Relational Legal Consciousness, And The Reproduction Of Carceral Logic, Kathryne M. Young, Hannah Chimowitz Jan 2022

Remorse, Relational Legal Consciousness, And The Reproduction Of Carceral Logic, Kathryne M. Young, Hannah Chimowitz

GW Law Faculty Publications & Other Works

One in seven people in prison in the US is serving a life sentence, and most of these “lifers” will someday be eligible for discretionary parole. But little is known about a key aspect of parole decision-making: remorse assessments. Because remorse is a complex emotion that arises from past wrongdoing and unfolds over time, assessing the sincerity of another person’s remorse is neither a simple task of lie detection, nor of determining emotional authenticity. Instead, remorse involves numerous elements, including the relationship between a person’s past and present motivations, beliefs, and affective states. To understand how parole board members make …