Legal Studies Commons^™

Reinforcing The Web Of Municipal Courts: Evidence And Implications Post-Ferguson, Beth Huebner, Andrea Giuffre

Criminology and Criminal Justice Faculty Works

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address …

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …

From Preschool To Prison: How School Resource Officers Produce Criminality, Brenda Vargas Tapia

Themis: Research Journal of Justice Studies and Forensic Science

Police officers were introduced in the American school system to provide White communities with a sense of safety. However, these police officers are not well trained to provide students with support and instead are trained to deal with situations with force. The implicit bias of police officers criminalizes and punishes Black, Indigenous, and People of Color (BIPOC) students unfairly. School shootings have continued to enforce the idea that officers are needed. However, this notion is untrue. Policing in schools builds a school-to-prison pipeline that is now, in the online schooling era, translating to the Zoom-to-prison pipeline, which reveals that BIPOC …

The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez

Themis: Research Journal of Justice Studies and Forensic Science

Across the country, police are using aggressive, military-style policing tactics to enforce the law. These aggressive tactics disproportionately affect minorities and residents of lower-income communities. Recent protests by the Black Lives Matter movement have taken place in response to the deaths of individuals such as George Floyd and Breonna Taylor. Aggressive police presence at these demonstrations has been prominent, despite protesters’ peaceful intent. The police are not only present at rallies and protests but also at celebratory events like major cities' sports celebrations. This paper examines militarization as a result of the War on Drugs, the 1033 program, racial politics, …

To What Extent Is The Death Penalty A Tool Of Racial Terror In America, And How Can We Fix It?, Gabrielle Boileau

Honors Projects

In this project, I seek to answer the question: To what extent is the death penalty a tool of racial terror in America, and how can we fix it? America has long been plagued by the legacy of slavery and white supremacy. In the reconstruction era, when slavery was no longer legal, angry white citizens would simply round up African-Americans and lynch them if they felt they had done something “wrong”. However, in the modern era, such blatant displays of racism are illegal, and the racist views of society are subverted into the court system. Black men are disproportionately arrested …

Official Misconduct, Exoneree Race, And The Length Of Time From False Conviction To Exoneration, Blase S. Rokusek

Undergraduate Research Journal

We investigated the interaction of official misconduct (OM) committed by criminal justice officials and race of the defendant in the context of the length of time from conviction to exoneration. We included in our study cases from 1989 to 2020 from the National Registry of Exonerations (NRE), which compiles in its database exonerations accomplished both with and without DNA evidence. Analysis revealed that there does exist an interaction effect of OM and race of the defendant. The timeframe from conviction to exoneration was longest when the case involved both OM and a Black exoneree. Our results indicate that official misconduct …

Cultivation Theory: Media Effects Toward Consumer Evaluations Of The Criminal Courts, Lindsey Dale Elliott

Murray State Theses and Dissertations

A substantial body of literature connects media effects to consumer perceptions of the criminal justice system. Research on the topic of cultivation theory has highlighted that an increased fear of crime within the general populace, due to an exaggeration of violence and criminal activity in the mass media, has spurred increased support for punitive policing, harsher sentencing, and positive feelings toward capital punishment. However, no research exists to explicate the cultivation of consumer perceptions toward the criminal courts. This study examines the impact of media consumption through television, the internet, and social media on consumer evaluations of the criminal courts. …

Seeking Clemency: A Profile On Jacob Rouse, Jocelyn A. Contreras, Sarah Gabrielli

Capstones

Jacob Rouse was 18 years old when he drove the getaway car that would define the rest of his life. He sat in his blue Ford Taurus, waiting to drive his three friends away from the scene of a robbery in Rochester, New York. Jacob was parked about a block away when one of his accomplices shot and killed 22-year-old Herschel Scriven, a local youth pastor and church organist.

He is now seeking clemency.

Juveniles Tried As Adults:The Impact Of Youth Demographic Factors On Juror Perceptions, Denieka Ellis

Student Theses

Abstract: This study explored the impact of defendant age, race and stereotypic crime on verdicts and recommended sentencing of juveniles tried as adults. Previous research shows that jurors enter trial with negative preconceptions and biases of juveniles because they are being tried within an adult venue. These negative preconceptions have led jurors to recommend harsher sentencing for juveniles rather than adults with the same defendant characteristics and criminal history. Crime type and crime severity have also been shown to impact perceptions of juvenile defendants in adult court. However, research has not yet explored the potential impact that stereotypic crime—a crime …

The Impact Of Race/Ethnicity On Sentencing: A Matching Approach, Travis Jones

Theses and Dissertations

The purpose of this study is to study the direct impact of race/ethnicity on sentencing of federal drug offenders. In order to accomplish this goal, an exact matching approach is utilized to generate strata containing white, black and Hispanic offenders who are matched based on relevant legal and extra-legal factors derived from focal concerns theory. The total sentences (i.e. fines, probation, incarceration, etc.) of matched offenders are then compared pairwise to determine which offender received the more severe sentence. The findings overall do not suggest that black and Hispanic offenders receive more severe sentences to comparable white offenders; however, drug …

The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid

Themis: Research Journal of Justice Studies and Forensic Science

Current feminist and anti-rape movements in the United States seek to amplify the voices of women regarding sexual assault. Unfortunately, within this amplification, the voices of Black women are often excluded, which is a direct effect of historically ignoring the abuses of Black women and rarely ever bringing their abusers to justice. These injustices, often committed by white men and perpetuated by white women, create a destructive rhetoric in stereotyping Black women while also silencing them throughout modern movements, especially those of feminist and anti-rape causes. This essay will examine the consequences of three problematic aspects of US history and …

Hispanics And The War On Drugs: An Explanation For The Rise In Hispánica Imprisonment, Bryan James Haakma

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to understand racial disparities that persist throughout the criminal justice system. Since the early 1970s, the U.S. female prison population has risen at a faster rate than the male prison population (Harmon & Boppre, 2016; Morín, 2008, 2016). Overall, a plethora of research has linked the rise in imprisonment to the War on Drugs and the criminalization of drug use. This thesis examined these questions: 1) are drug crime initiatives driving the rise in Hispanic female imprisonment in comparison to Black and White females and 2) using Blalock’s (1967) theory on group threat, do …

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Recidivism, Gender, And Race: An Analysis Of The Los Angeles County Probation Department’S Risk And Needs Assessment Instruments, Robert V. Howard

Masters Theses

This study assesses the predictive validity of an adult risk need assessment, the Los Angeles Probation Department’s Risk and Needs Assessment Instruments, on 793 clients using several logistic regression models. Models were generated to look for a relationship between risk score and recidivism. This relationship is further explored across gender and race. There are two separate risk assessment instruments used in this study and the sample is separated into two separate groups. The first risk assessment instrument was based on static risk factors such as history of drug or alcohol use, age of first conviction, and conviction history. This assessment …

A Seasonal Crime?: A Quantitative Examination Of The Relationship Between Criminal Charges In The City Of Lynchburg And Seasons Of The Year With Reference To Gender And Race, Caitlin Ann Ann Dorsch

Undergraduate Theses and Capstone Projects

Previously, many criminologists have focused on the intersectionality of gender and race with reference to only one or a few specific crime categories, such as theft or illegal drug use (Sommers et al., 1996; Bushman et al., 2005; Stalans & Ritchie, 2008). According to Sommers & Baskin (1992), gender causes misinterpretation without the inclusion of race when researching violent crime because both characteristics are inherently linked to an individual’s identity. Furthermore, there is a seasonal component to analyzing crime (Hipp et. al., 2004). Using data from the City of Lynchburg Office of Corrections in Virginia from January 2010 to July …

An Overview Of The Bail System In The United States And Its Discriminatory Components, Eleanor A. Coggins

The Mid-Southern Journal of Criminal Justice

Currently, in the United States, the bail system is not being utilized the way that it was originally intended to be used. Research shows that it unfairly provides wealthier individuals more opportunities for success and those who are minorities and/or of low socioeconomic status are more likely to be convicted and face harsher sentences. Many factors influence a judge’s decision to grant bail; however, some of these factors are based on unfair stereotypes and are inherently discriminatory. While minority groups face discrimination within the bail system, Hispanic/Latino individuals face the most challenges in regard to the bail system in America. …

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

Comparing Students' Perspectives On A Rural University's Special District Police Department And Student's Traditional Hometown Police Departments, Angela Pierce

All Master's Theses

Understanding the public perceptions of police is not a new topic, but it is one that has not focused on that of university students. This current study aims to fill the gap in knowledge by comparing student’s perceptions of two different police departments; traditional hometown police departments and special district police. This study targeted a specific population, college students, that needs additional research to understand what factors contribute to their perceptions of police. This study gathered students’ perceptions of police using an email survey of all on-campus students in a regional state university. Using OLS regression, I was able to …

More Than Just A Rapper: Mainstream And Alternative Media’S Depiction Of Nipsey Hussle, Jonathan Hazlewood

Theses and Dissertations (Comprehensive)

Mainstream and alternative media depict individuals differently from one another. In stories covering African American rappers and homicide victims, mainstream and alternative stories use images, phrases, and people to portray certain ideas to their audience. In terms of mainstream news outlets, stories associate criminality onto African American homicide victims and rappers through labeling them as brutes, focusing on the crimes they commit, and highlighting criminal associations (Aquil, 2018; Cochran, 2015; Dukes & Gaither 2018; Wright & Washington, 2019). While alternative outlets have offered sympathetic and well-rounded representations that depict the life, personal accomplishments, and good deeds of an African American …

What’S Wrong With Police Unions?, Benjamin Levin

Scholarship@WashULaw

In an era of declining labor power, police unions stand as a rare success story for worker organizing—they exert political clout and negotiate favorable terms for their members. Yet, despite broad support for unionization on the political left, police unions have become public enemy number one for academics and activists concerned about race and police violence. Much criticism of police unions focuses on their obstructionist nature and how they prioritize the interests of their members over the interests of the communities they police. These critiques are compelling—police unions shield officers and block oversight. But, taken seriously, they often sound like …

In For A Shock?: Discretion And Disparity In Program Assignment, Brianna Mathis

Honors Theses

Due to the massive prison population in America, correctional agencies are considering alternatives to standard incarceration. These programs are designed to redirect individuals from serving a prison sentence, and are instead assigned to a program specifically targeted at reducing offenders’ likelihood at recidivating. Typically, the main focus of these programs centers on education, job training, and various types of counseling. The Mississippi Department of Corrections (MDOC) has implemented two programs that aim at reducing recidivism: the first was the Regimented Inmate Discipline Program (RID), which was later replaced with the Recidivism Reduction Program (RRP). While both programs were intended to …

An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia

Qualitative Criminology (QC)

"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi

Criminal Justice

This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data …

Do College Students’ Perceptions Of The Police Differ By Education Level And Major?, Lashanti Wilson Brown

Theses and Dissertations

Little is known about the impact that higher education has on students’ perceptions of the police, especially with respect to justice education. This study examines perceptions of the police among college students at Illinois State University. It questions how differences in education levels, major, race, age, and gender affect student perceptions about the police. A 55-question online survey was administered to 451 students at Illinois State University.

Results revealed that those with more education did not have significantly different contact with police officers than those with less education, however, they were significantly more likely to report negative attitudes towards the …

Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers

Scripps Senior Theses

The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …

Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander

Antioch University Dissertations & Theses

This study tells the deep, rich story of Evelyn T. Butts, a grassroots civil rights champion in Norfolk, Virginia, whose bridge leadership style can teach and inspire new generations about political, community, and social change. Butts used neighbor-to-neighbor skills to keep her community connected with the national civil rights movement, which had heavily relied on grassroots leaders—especially women—for much of its success in overthrowing America’s Jim Crow system of segregation and suppression. She is best-known for her 1963 lawsuit that resulted in the U.S. Supreme Court’s 1966 decision to ban poll taxes for state and local elections, a democratizing event …

Mens Rea Reform And Iis Discontents, Benjamin Levin

Scholarship@WashULaw

This article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …

The Impact Of Black Lives Matter Movement Publicity On Juror Decision Making, Emily R. Nerness

Graduate Theses/Dissertations

Others have investigated separately whether general pretrial publicity (PTP) or racial salience have an impact on juror decision making, but no one has explored a potential connection between the two. With information about the Black lives matter (BLM) movement recurring in the media, the question arises of whether news about the BLM movement can increase racial salience, thereby influencing juror decision making. The present research addressed whether 1) exposing participants to pro-BLM or negative-BLM news articles would influence verdicts and guilt ratings when compared to a control group, 2) whether this PTP effect would be different for Black versus White …