Legal Studies Commons^™

System Disparities: Racial Criminalization And The Risk Of Coerced And False Confessions In Youth, Cynthia J. Najdowski

Psychology Faculty Scholarship

Black youth may be even more vulnerable than other youth to admitting to crimes they did not commit in the context of police interrogations. In support, analysis of data from the National Registry of Exonerations indicates that 65% of people who were wrongfully convicted on the basis of false confessions they gave when under 18 years old are Black, whereas only 14% of the U.S. population is Black. In this chapter, I seek to understand the overrepresentation of Black youth in samples of juvenile false confessors by examining the cultural stereotype about Black criminality in relation to both investigators and …

Understanding Undergraduate Aspirations For Law Enforcement Careers And Motivation In The Classroom, Gabriella N. Burt

Honors Thesis

This study investigates the factors shaping undergraduate student interest in law enforcement careers. By surveying students from various Midwestern universities, this research aims to provide a comprehensive understanding of the interplay between social influences, gender, and curricular exposure in shaping law enforcement career aspirations. Specifically, it examines how motivations for pursuing a public service career, external influences, and background characteristics shape career interest overall. The study also examines how these factors shape career interest between men and women and overall motivation to engage with specific law enforcement course topics. Findings inform policy and curriculum design.

Corona Life, Tyler Anserson

Writing Beyond the Prison Living Archive

Memoir

Race, Severe Mental Illness, And Crime: An Intersectional Look Into Stigma And Policy Implications, Elena Therese Vaudreuil

Open Access Theses & Dissertations

Criminal behavior has been a long-discussed topic in the United States and often is tied to characteristics such as race and mental illness. The presumed connection between criminal behavior and being a member of a racial minority group or having a mental illness have been researched for years, however few researchers have sought to take an intersectional approach to investigate the unique experiences of people belonging to both groups in the criminal legal system. Using the lenses of attribution and intersectionality theories, the proposed studies sought to understand the effect of race that influences policy support of justice-involved people with …

The Perception Of Children As Reliable Eyewitnesses, Shelby Mcdonald

Psychology Student Papers and Posters

Eyewitness accounts have been integral to the criminal justice system. However, given that not every criminal case has forensic evidence that is available or admissible, the reliance on eyewitness accounts conjures questions about believability. This is an important area of research because the over-belief of witnesses may lead to wrongful convictions, yet under-belief may leave the victim without justice. The current study investigated how child-witness age, race, role as a witness (bystander versus victim), and the gender of the juror influenced the perception of child eyewitnesses through the lens of the Witness Credibility Model. Participants were presented with the testimony …

The Lived Experience Of African American Women Leaders In Georgia Law Enforcement: Advances, Barriers, And Impact On Performance, Juantisa X. Hughes

Antioch University Dissertations & Theses

Law enforcement is a male-dominated field that has been slow to accept and promote African American women to positions of authority. As of 2016, there were only 3.1% Lieutenants and Sergeants, along with 1.6% Captains or higher that were African American women in the United States (Gomez, 2016). More recently, there has not been much change, as women are reportedly only 12% of the sworn officers and 3% of law enforcement leadership in the United States (Tumulty, 2023). Of that number, only 1% of African American women hold the position of Lieutenant or higher (Bureau of Alcohol, Tobacco, Firearms and …

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

Firearm Deaths In The Mountain West, 2020, Lana Kojoian, Annie Vong, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet examines data from the RAND Corporation report “Understanding Firearm Deaths by State—and How to Reduce Them,” which provides data on state and national rates of firearm related deaths, including suicides and homicides for 2020 This fact sheet includes firearm death data for five Mountain West states: Arizona, Colorado, Nevada, New Mexico, and Utah.

Ten Thousand Year Slumber, Marino Leyba

Writing Beyond the Prison Living Archive

Poetry

The (Im)Mobility Of Being: The Anti-Black And Colonial Roots Of Contemporary Policing, Korey Tillman

Sociology ETDs

Popular debates over policing often revolve around spectacular forms of police violence that grab national media attention. In this study, I examine the everydayness of contemporary U.S. policing and the antiblack and colonial roots that sustains its many forms. Drawing on three years of ethnographic fieldwork with a grassroots abolitionist organization and homeless service provider, and 23 interviews with Black adults across the U.S., I show how mundane policing serves as sites of racialization where the category of human is contested. I offer stops as an analytic to observe how these mundane forms of policing occur in places such as …

Social Justice Autobiography, Merrick Moore

Writing Beyond the Prison Living Archive

Memoir

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

The Perpetuation Of Racial Inequalities In The Criminal Justice System, Chloe Bessette

Themis: Research Journal of Justice Studies and Forensic Science

The criminal justice system is not necessarily just and is particularly unfair towards Black Americans. The research shows that they face discrimination in every step of the justice system, from initial arrest to sentencing. Many peer-reviewed sources were analyzed in order to compile the evidence that supports that claim, and what follows is a summation of that research. This paper succinctly proves, using facts, that discrimination and racism still run rampant in the American justice system. These facts include an over 50% higher chance of being killed during an arrest, five times as likely to be incarcerated, three times as …

Finish This Over Drinks? A Study Of Sexual Harassment Perceptions, Hannah E. Barti

UNLV Theses, Dissertations, Professional Papers, and Capstones

The awareness of sexual harassment has been growing within the workplace, in the home, and within public areas. The #MeToo movement has shined light on this issue in recent years. This study aimed to understand how college students perceive sexual harassment within three scenarios: a music student and their teacher, two coworkers, and between an academic advisor and an adult student. This study included 531 responses from a diverse student population at a Southwest university. Consistent with previous findings, women were more likely to recognize sexually harassing behaviors. There were no significant gender differences in blame attribution in any of …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

State Attorneys’ Perceptions On The Role Of Racial Disparities In The Juvenile Justice System, Allison Cohen

Theses and Dissertations

This dissertation was prepared to offer a scholarly investigation on the justice officials’ consideration of race in making decisions for sanctions and sentencing of African American juveniles. The research provided an extreme review of the justice system to place in context the differential treatment of Black youths. African American juveniles’ cumulative experience of discrimination and racial disparities in the juvenile justice system and adult criminal justice system. An examination of the overrepresentation of African Americans in the justice system. A journey from juvenile delinquency to adult criminality. An early destination starts at arrest to intake to juvenile court then transfer …

Sentence Length And Perceptions Of Dangerousness As A Function Of Race, Attributional Complexity, And Ability To Meet Bail, Hannah Baldwin

Psychology Theses

Defendant race and ethnicity impact sentencing length decisions, leading to discrimination in the criminal justice system. Aspects of the pretrial process that strongly correlate with a defendant’s socioeconomic status, the use of cash bail, may also influence sentencing length, given the negative stereotypes about individuals of lower socioeconomic statuses. Relatively few studies have explored the impact of cash bail use on sentencing decisions or sought to understand why use of cash bail might influence these decisions. The current study investigates the impact of defendant ability to meet bail (yes v. no) on judgments of sentence length and dangerousness within the …

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor George Gardner

Scholarship@WashULaw

This Article argues that neither the criminal justice reform platform nor the penal abolition platform shows the ambition necessary to advance each of the primary African American interests in penal administration. It contends, first, that abolitionists have rightly called for a more robust conceptualization of racial equity in criminal procedure. Racial equity in criminal procedure should be considered in terms of both process at the level of the individual, and the number of criminal procedures at the level of the racial group—in terms of both the quality and “quantity” of stops, arrests, convictions, and the criminal sentencings that result in …

Constructing The Supreme Court: How Race, Ethnicity, And Gender Have Affected Presidential Selection And Senate Confirmation Hearings, Christina L. Boyd, Paul M. Collins Jr., Lori A. Ringhand, Karson A. Pennington

Scholarship@WashULaw

In February 2022, President Joseph Biden announced his nomination of Ketanji Brown Jackson to serve as an associate justice on the U.S. Supreme Court. In doing so, he said this: “For too long, our government, our courts haven’t looked like America. And I believe it’s time that we have a Court that reflects the full talents and greatness of our nation with a nominee of extraordinary qualifications and that we inspire all young people to believe that they can one day serve their country at the highest level.” In the following days, Jackson’s nomination was discussed with enthusiasm, much like …

How Gender-Biased Oral Argument Interruptions Opened The Door For Chief Justice Roberts To Be A Transformational Leader, Christina L. Boyd, Sidney E. Shank

Scholarship@WashULaw

In a 2021 NYU Law School conversation with Justice Sonia Sotomayor, the Justice was asked whether she observed higher levels of interruptions of female Justices, relative to their male colleagues, during the Supreme Court’s oral arguments. Justice Sotomayor responded in the affirmative:

“Did I notice it as a dynamic? Without question . . . but I don’t know of a woman who hasn’t. Meaning, regrettably, that is a dynamic that exists not just on the court but in our society in general. Most of the time, women say things, and they’re not heard in the same way [as] men [who] …

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Pretrial Consequences: The Impact Of New York State Bail Reforms On Racial And Ethnic Disparities In Pretrial Outcomes, Esther Laaninen

Student Theses

This study investigates the impact of New York’s 2020 Bail Reforms on racial and ethnic disparities in pretrial outcomes for New York State. 2019, 2020, and 2021 arraignment data from the Office of Court Administration Pretrial Release Datasets are used to determine whether racial and ethnic disparities for White Non Hispanic, Black Non Hispanic, Hispanic, and other race defendants narrowed after the implementation of the new law. The results from descriptive analysis, binary logistic regressions, and ANOVA tests suggest that racial-ethnic disparities have not abated, even though the proportion of defendants required to pay cash bail has sharply declined among …

Aggressive Reality Docuseries And Cyberbullying: A Partial Test Of Glaser’S Differential Identification Theory, J. Ra’Chel Fowler, Darren R. Beneby, Kenethia L. Fuller

International Journal of Cybersecurity Intelligence & Cybercrime

Reality docuseries have dominated primetime airwaves for the greater part of three decades. However, little is known about how viewers who are enamored with the genre’s most aggressive characters are influenced. Using Glaser’s (1956) theory of differential identification, this study employs survey data from 210 college students at a historically Black college and university to explore whether identification with characters from aggressive reality docuseries (ARDs) and the frequency of viewing ARD are positively associated with cyberbullying. Results of multivariate analyses revealed that men were more likely than women to publicly shame others and air other’s dirty laundry online. Additionally, the …

One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter

Qualitative Criminology (QC)

"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …

Racism In Barnstable County’S Judiciary System, Olivia Brown

Honors Program Theses and Projects

This research outlines how racism is prevalent in the court system in Barnstable County, Massachusetts. When looking at research of racism in Massachusetts’ courts, specifically from the Harvard Law Report titled, “Racial Disparities in Massachusetts Criminal System,” published in 2020, I became intrigued with the topic. This raised the research question of is racism prevalent in Barnstable County’s judicial system. This study consists of interviews with defense attorneys from Barnstable County, detailing their personal experiences and thoughts on racism in the courts. This study demonstrates that there is racism in this court, however it tends to go unnoticed due to …

The American Racial Divide In Fear Of The Police, Justin T. Pickett, Amanda Graham, Francis T. Cullen

Criminal Justice & Criminology: Faculty Publications

The mission of policing is “to protect and serve,” but recent events suggest that many Americans, and especially Black Americans, do not feel protected from the police. Understanding police-related fear is important because it may impact civilians’ health, daily lives, and policy attitudes. To examine the prevalence, sources, and consequences of both personal and altruistic fear of the police, we surveyed a nationwide sample (N = 1,150), which included comparable numbers of Black (N = 517) and White (N = 492) respondents. Most White respondents felt safe, but most Black respondents lived in fear of the police killing them and …

Racialized Mass Incarceration In The United States: Exposing The Facade Of “Liberty And Justice For All”, Emily Wingfield

The Compass

No abstract provided.

Testing The Protest Paradigm And Racial Threat: Analyzing Articles Of Blm Protests In 2014 And 2020, Rebecca Angela Ruiz

USF Tampa Graduate Theses and Dissertations

The study examines the media coverage of Black Lives Matter protest in years 2014 & 2020. I collected a sample of articles (n=120) from 6 national-level media outlets that varied in political leans. Using the Protest Paradigm and Racial Threat theoretical frameworks to analyze the results, findings suggest that the articles do reflect upon the Protest Paradigm through overall negative sentiment and significant references to looting. I also argue that articles may also reflect racial threat due to a lack of transparency of protesters’ racial makeup or diversity attending demonstrations.

Racial Differences In Perceptions Of Sanction Severity, Sarah L. Franklin

USF Tampa Graduate Theses and Dissertations

Research has consistently found an association between race and relative perceptions of incarceration severity. Black people view incarceration as less severe than an equivalent period of probation. However, few studies have examined why this relationship exists. The present study surveys a large sample of young adults to examine whether the observed relationship between race and incarceration severity can be replicated. In doing so, the study then considers whether constructs related to socioeconomic status, criminal system experiences, perceptions of legitimacy, and sanction attitudes explain the racial divide. Results indicate a significant relationship between race and incarceration severity, such that Black people, …