Legal Studies Commons^™

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Medical Apartheid: A Book Review, Carmen Kennedy

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Intersections Between Gender, Race, And Justice-Involvement: A Mixed Methods Analysis Of Women's Experiences In The Oregon Criminal Justice System, Breanna Lynne Boppre

UNLV Theses, Dissertations, Professional Papers, and Capstones

Since the 1970s, the rate of female incarceration in the United States skyrocketed, with highest imprisonment rates among Black and Latina women. Nonetheless, few studies examined disparities in female imprisonment and the distinct experiences of women of Color within the justice system. To fill this gap in the literature, this dissertation utilized conflict and intersectional perspectives to assess the differential treatment of women in the Oregon justice system. Using a convergent mixed methods design, this dissertation examined disparities in female imprisonment using state-level prison admissions and population data from 1983-2014 in conjunction with qualitative interview and focus group responses among …

Police Interventions, Public Perceptions, And The Rdfc Interaction Model, Stacey L. Clouse

UNLV Theses, Dissertations, Professional Papers, and Capstones

Procedural justice and police legitimacy research suggests that perceptions of legitimacy are based on the credibility of police (Sunshine & Tyler, 2003). However, highly publicized incidents of police use of force serve to threaten that credibility. High profile incidents between police and citizens in Black communities have contributed to national protests and, as some data suggest, increased violence toward the police (FBI.gov, 2016). Extensive media coverage of these incidents has contributed to an increased sensitivity toward police- citizen interactions leading to incidents of civil unrest (Weitzer, 2002). The incidents of civil unrest suggest that we should more closely examine factors …

Are Jurors’ Judgments About Confessions Affected By Juvenile Defendant Race?, Lisa Dobrowolsky

Criminal Justice

This research is focused on understanding jurors’ beliefs about how much weight juvenile defendants’ confessions should be given, especially when the confessions were coerced. This is an important topic because adolescents are vulnerable and at risk for producing false confessions. Because of their age and other developmental factors, they can sometimes be coerced by police during interrogation to admit to crimes they did not commit. Once a confession is obtained, it can be very persuasive to jurors because it is hard for them to believe that someone would admit to a crime they did not commit. This can lead to …

Validation Of Virginia's Juvenile Risk Assessment Instrument, Jessica P. Schneider

Theses and Dissertations

Utilizing a validated risk assessment tool to predict future offending is recommended as best practices in corrections by a number of professional organizations (Latessa & Lovins, 2010). Guided by the risk-needs-responsivity model, risk assessment tools have evolved to help inform criminal justice practitioners by identifying offenders most in need of intervention or supervision, guiding the case plan to optimize outcomes (Bonta & Andrews, 2007). The Virginia Department of Juvenile Justice (DJJ) utilizes the Youth Assessment and Screening Instrument (YASI) at all stages of contact with youthful offenders, including intake, probation, commitment, and parole (DJJ, 2016). However, risk assessment instruments do …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Scholarship@WashULaw

It has become popular to identify a “bipartisan consensus” on criminal justice reform, but how deep is that consensus, actually? This article argues that the purported consensus is largely illusory. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society. The article offers a typology of the two prevailing, but fundamentally distinct, critiques of the system: (1) the quantitative approach (what I call the “over” frame); and …

Mass Shootings And The Media: How Race And Ethnicity Influence Media Coverage, Emily Wheeler

Themis: Research Journal of Justice Studies and Forensic Science

Topics related to crime and the criminal justice system comprise a majority of topics discussed in the media. This study explores how media coverage of mass shootings varies based on the racial or ethnic identity of the shooter. Topics examined include popular beliefs and misconceptions about the race of mass murderers, the role mass media plays in influencing public perceptions about race and crime related topics, and the alarming rate at which the public recognizes and accepts the media as a reliable source of information when official data sources provide a much different picture. Further analysis of the Columbine High …

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based on identical data …

Recidivism: An Analysis Of Race, Locus Of Control, And Resilience, Danisha Latrell Thomas

Walden Dissertations and Doctoral Studies

Recidivism is a growing problem in the United States that has contributed to prison overcrowding. In the United States, this is especially true for minorities, who have the highest incarceration, conviction, and recidivism rates. The purpose of this mixed methods study was to explore the relationship between race, recidivism, locus of control, and resilience. For the quantitative component, the Connor-Davidson Resilience scale (CD-RISC) and the multidimensional locus of control scales were used to measure resiliency and locus of control differences among racial groups (N = 126) on parole at a Fort Worth, Texas parole office. For the qualitative component, in-depth …

People Want To Know Who We Are: Contestations Over National Identity Through Film, Monika Lee

Scripps Senior Theses

A critical analysis of the film Remember the Titans, released in 2000, shows a preoccupation with nation and national identity through race and football. Set in 1971, it follows the desegregation and integration of a high school football team in Virginia. The film articulates a revisionist racial reconciliation reading of the Civil War based on white suffering and subsequent redemption. At its core it is a story about the progress of race relations and racism, framed as interpersonal relationships and segregation, in the United States.

How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates

Electronic Theses and Dissertations

This study explores a series of events that occurred in the spring of 1876. The relationship between the Indianapolis city government, the Marion County Courts, the Indianapolis Police Department, and the African American community came together to usher in changes never before envisioned. The Indianapolis Police Department (IPD) was formed in 1855, then disbanded 12 months later in a political dispute. From 1857-to-1876, the IPD was all white. These changes took place as the Reconstruction era was coming to a close. The first Ku Klux Klan was at its apex, terrorizing black communities, and Jim Crow was coming into its …

The Effects Of Racial Bias On Perceptions Of Intimate Partner Violence Scenarios, Batya Yisraela Rubenstein

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to explore how racial bias affects perceptions of intimate partner violence (IPV). Public perceptions of IPV have been studied under numerous contexts to ascertain how characteristics of victim and the offender can affect these attitudes. A portion of this body of research has been dedicated to understanding the role of race in perceptions of IPV and a large portion of the findings have been mixed due to the interaction of biases and attitudes about race and IPV. Very few studies have looked at multiple forms of IPV in comparison with one another while also …

Race, Neighborhood Context, And Drug Enforcement: A Mixed-Method Analysis Of Racial Disparities In Drug Arrests, Shytierra Gaston

Dissertations

Black-white racial disparities in drug arrests are large and longstanding in the U.S. criminal justice system, as black Americans are arrested for drug offenses at a rate nearly five times the rate of white Americans. Because drug offending data mostly show that blacks are no more likely than whites to use or sell drugs, racial disparities in drug arrests appear to be attributable to factors other than drug offending. This dissertation assesses whether neighborhood contextual factors can explain racial disparities in drug arrests across St. Louis neighborhoods between 2009 and 2013. Using mixed methods, the quantitative and qualitative components test …

Guns And Drugs, Benjamin Levin

Scholarship@WashULaw

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …

The Effects Of Gender, Race, And Age On Judicial Sentencing Decisions, April Miller

Electronic Theses and Dissertations

Previous research has found significant effects of gender, race, and age on sentencing decisions made by state and local court judges (e.g. Johnson, 2003; Mustard, 2001; Steffensmeier, Ulmer, & Kramer, 1998). The current study used criminal district court data from two counties in western North Carolina to further research of the effects of the aforementioned variables on sentencing. Using knowledge acquired from past studies, the hypotheses for the current study asserted that younger offenders, male offenders, and nonwhite offenders would be more likely to be found guilty of their offense and receive fines than their respective offender counterparts. The results …

Institutionalized Racism And The Death Penalty, Ashleigh Ellis

Student Scholar Symposium Abstracts and Posters

Overtime, support for capital punishment has evolved. Compared to previous decades, support has changed amongst different variables such as: age, race, gender, and political perspective; therefore, today, these variables have changed the amount of support for it. For example, as of today, 6 states have repealed the death penalty with New Jersey being the first in 2007 to do so in 40 years. As memories of Jim Crow and the Civil Rights era have faded due to generational replacement, American society today still has this racial gap, however it is due to this racial resentment or symbolic resentment that the …

Scelus Et Poena: A Comparison Of Legal Bias In Ancient Rome And Contemporary America, Aaron R. Caffrey

Classics Honors Papers

Of the many advances made by the ancient Romans, perhaps their greatest contribution to contemporary Western society stemmed from their sophisticated legal system. Ancient senators, jurists, and eventually emperors set forth policies that encompassed the expectations of Roman citizens in respect to property, family, and behavior. Roman law allowed for the creation of an efficient government bureaucracy, promoting an unprecedented era of peace and prosperity that stretched over the first two centuries of the Common Era. This peace, however, did not apply to all individuals under control of the Roman government. While wealthy and dignified citizens enjoyed leniency in legal …

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …

Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff

Psychology Faculty Scholarship

We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …

Potential Partnerships: Progressive Criminology, Grassroots Organizations, And Social Justice, Tim Goddard, Randolph R. Myers, Kaitlyn J. Robinson

Sociology & Criminal Justice Faculty Publications

Criminologists around the globe are writing about the disproportionate criminalization of minority groups and - in the US in particular - about racial disproportionality in all aspects of the criminal justice system. This wealth of knowledge in progressive criminology rarely animates reform efforts: it has had little impact on formal policymaking, and has failed to animate the work of grassroots activists engaged in the fight for justice system reform. Yet given the increased criminalization of young people in poor communities - and the possibilities for change at this very moment - progressive criminological ideas have never been more important. We …

Race Matters In Jury Selection, Peter A. Joy

Scholarship@WashULaw

Whatever the lawyer fears, whether it is an issue of race in the case or unconscious biases in jurors that may affect how they decide the case, the lawyer must address the fears during jury selection. If the lawyer does not explore what the lawyer fears about the case during jury selection, the lawyer has failed to increase the odds that the jury will consider the client’s case fairly. If the defense lawyer does not mention race during jury selection when race matters in a case, racial bias can be a corrosive factor eating away at any chance of fairness …

Punishment And Inclusion: Race, Membership, And The Limits Of American Liberalism, Andrew Dilts

Law

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, …

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

The Four Freedoms And The Future Of Religious Liberty, John D. Inazu

Scholarship@WashULaw

The First Amendment’s rights of speech, press, religion, and assembly were once “interwoven” but distinct. Together, these freedoms advanced a pluralist skepticism of state orthodoxy that protected religious and other forms of liberty. The connections among these rights were evident at the Framing. They were also prominent during the 1930s and 1940s, when legal and political rhetoric recognized the “preferred position” of the “Four Freedoms.” We have lost sight of the Four Freedoms, supplanting their unified distinctiveness with an undifferentiated free speech framework driven by unsatisfying concepts like content neutrality and public forum analysis. It did not have to be …

Testing Orthodox Utilitarian And Extrajudical Determinants Of Incarceration In The U.S. At The State-Level, 1980-2005, Pavel V. Vasiliev

UNLV Theses, Dissertations, Professional Papers, and Capstones

This project is a theory-driven secondary data analysis of state-level incarceration trends in the U.S. between 1980 and 2005. I replicate and advance Smith's (2004) study of the relationship between the socioeconomic, demographic, political, electoral, and criminal justice factors and incarceration rates at the state level. The purpose of this project is to determine the empirical validity of the major explanations of the incarceration trends in the U.S. I advance Smith's (2004) study using important novel elements. First, I extend the scrutinized historic period by a decade by compiling time-series data for 1980-2005. Second, I employ a more sophisticated analytic …

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

A Propensity Score Matching Analysis Of Race On The Decision To Petition A Case In The Juvenile Court, George Higgins, Melissa L. Ricketts, James D. Griffith, Stephanie A. Jirard

Contemporary Issues in Juvenile Justice

No abstract provided.

Life And Health Outside Prison, Tiffany Amorette Young

Open Access Theses & Dissertations

This qualitative study explores the subjective understandings of formerly incarcerated individuals' experiences of health and healthcare prior to, during, and post release. The study incorporates in depth ethnographic interviews, participant observation, and life charting to formulate a holistic understanding of how incarceration has impacted the health and lives of the participants recruited for this study. All participants were incarcerated for a minimum of one year in the U.S. prison system. This interdisciplinary study contributes to the fields of sociology, criminology, and public health, and builds on the literature of race, health, and corrections in the United States.

The Politics And Practicalities Of Reentry: A Case Study Of The Reentry Environment In A Suburban Community, Carlene Sipma-Dysico

Dissertations

Although inquiry into reentry has grown significantly in the past decade, studies concerning formerly incarcerated persons entrance back into society tend to look at the outcomes and consequences of reentry, not the process. This "what works and what doesn't work" research approach (Seiter and Kadela 2003) leaves some very important aspects of reentry unexamined. While determining the efficacy of programs designed to reduce recidivism is important for public safety, social policy creation, and budgetary considerations, the role of the community in reentry remains largely unexplored.

This dissertation examines how reentry is done at the community level; by practitioners of reentry, …