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Full-Text Articles in Law
Change Is Needed; How Latinos Are Affected By The United States Criminal Justice System, Christopher F. Bagnato
Change Is Needed; How Latinos Are Affected By The United States Criminal Justice System, Christopher F. Bagnato
Christopher F. Bagnato
Latinos have been present in this country for centuries. They slowly have been making their mark in the communities of this country, usually seen but not really heard or noticed. Yet during the past thirty years the amount of Latino immigrants has skyrocketed. Census projections indicate that Latinos will be the biggest minority population in this county in the near future. The issues with discrimination of Latinos started on the streets with phrases like, “racial profiling” and “driving while brown,” and have moved into new places like the courtroom. Latinos have had to face not only the burden of prejudice …
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
Teaching 'Whren' To White Kids, M. Katherine B. Darmer
M. Katherine B. Darmer
This paper was inspired by my experiences as a white criminal procedure professor teaching mostly-white classes and arises at the intersection of WHREN v. UNITED STATES and GRUTTER v. BOLLINGER. The article starts from the premise that criminal procedure remains highly racialized, with blacks experiencing the criminal justice system in significantly different ways than do whites. The article suggests that the lack of minority voices in the classroom poses a significant barrier to effectively teaching criminal procedure and critiques current approaches to criminal procedure pedagogy.
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Kim Forde-Mazrui
Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …