Legal Studies Commons^™

Bias Crime And Minority Threat, Michele Stacey

Dissertations

Beginning in the 1980s, the term hate crime became part of the research canon of criminologists across the United States. Researchers have examined the characteristics of hate crime victims, offenders, and offenses. However, little is known about the context of hate crime, and more specifically about the ways that the changing demographics of the United States have contributed to hate crime. The dissertation examines the relationship between these demographic shifts and the trend in hate crime from 2000 to 2007 through the use of population averaged panel models. These models assess changes over time and across place in the number …

Racial And Ethnic Health Disparities In Incarcerated Populations, Meghan E. Borysova, Ojmarrh Mitchell, Dawood H. Sultan, Arthur R. Williams

Journal of Health Disparities Research and Practice

Alarming disparities in population health and wellness in the United States have led to multi-disciplinary research efforts to create health equity. Identifying disparities, elucidating the etiological bases of disparities, and implementing solutions to eliminate disparities are part of the U.S. national health agenda. Racial and ethnic disparities have been identified throughout the cancer control continuum, in cardiovascular disease, diabetes and a multitude of other conditions. The causes of disparities are complex, condition specific, and conjectured to result from combinations of biological and socio-behavioral factors. Racial and ethnic health disparities within the vast incarcerated communities have been excluded from most studies, …

How Porous Are The Walls That Separate Us?: Transformative Service-Learning, Women’S Incarceration, And The Unsettled Self, Coralynn V. Davis, Carol Wayne White

Faculty Journal Articles

In this article, we refine a politics of thinking from the margins by exploring a pedagogical model that advances transformative notions of service learning as social justice teaching. Drawing on a recent course we taught involving both incarcerated women and traditional college students, we contend that when communication among differentiated and stratified parties occurs, one possible result is not just a view of the other but also a transformation of the self and other. More specifically, we suggest that an engaged feminist praxis of teaching incarcerated women together with college students helps illuminate the porous nature of fixed markers that …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Structural Determinants Of Homicide: The Big Three, Maria Tcherni

Criminal Justice Faculty Publications

Building upon and expanding the previous research into structural determinants of homicide, particularly the work of Land, McCall and Cohen (1990), the current paper uses county-level data to disentangle three major influences on homicide rates: poverty, racial composition, and the disruption of family structure. Theoretical foundations of these influences are laid out, and the effects of the three factors on homicide rates are tested at two time periods as far removed from one another as possible: 1950-1960 and 1995-2005. All major variables typically used in homicide research are included as controls. The results of analyses show that the effects of …

Stereotype Threat In Criminal Interrogations: Why Innocent Black Suspects Are At Risk For Confessing Falsely, Cynthia J. Najdowski

Psychology Faculty Scholarship

Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and cognitive load compared to White suspects. These psychological mechanisms could lead innocent Black suspects to display more nonverbal behaviors associated with deception and, ironically, increase the likelihood that police investigators perceive them as guilty. In response, investigators might engage in more coercive tactics and exert more pressure to confess on Black suspects than …

Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

This paper seeks to make some connections between legal theorist Janet Halley and contemporary artist Kara Walker. It compares their recent oeuvre to show how both reject understandings of the interplay of sex, power, and subordination proffered by conventional "justice projects" - specifically civil rights’ and feminism’s articulations of bodily violence and violation as key modes of racial and gender injury and subordination. Neither of these two is the first to dispute such accounts of injury and identity; yet, what distinguishes them is that both attempt to ground their theoretical and aesthetic indictments in the notion of abjection, or the …

Immigration Regulation, Luisa Blanco, Odinakachi Anyanwu

School of Public Policy Working Papers

Immigration regulation is defined here as any policy that has the objective of encouraging or discouraging immigration. There are two major categories of immigration regulation: those policies that directly affect the inflow of immigrants and those that influence the everyday lives of immigrants and processes related to the acquisition of legal permanent residency or citizenship. Immigration regulation is quite diverse across time and space; immigration policy is fluid and dynamic and is affected by socioeconomic, cultural, and political factors. Thus, immigration regulation evolves in response to current conditions in a specific country. The role of race in immigration regulation also …

General Strain Theory, Race, And Delinquency, Jennifer Peck

USF Tampa Graduate Theses and Dissertations

The present study drew on Agnew's General Strain Theory (GST) to examine the relationship between strain, race, and delinquent behavior. To address this possible association, five hypotheses were tested to examine if different types of strain and stress exposure influence delinquent coping and if these relationships are conditioned by race and ethnicity. Using data from the Add Health Study, White, African American, and Hispanic adolescents, the present study attempts to generalize GST to different racial and ethnic groups.

Results from OLS and negative binomial regression analyses indicate that some support was found for GST, in that indicators of strain to …

Assessing Racial Differences In Offending Trajectories: A Life-Course View Of The Race-Crime Relationship, Michael S. Caudy

USF Tampa Graduate Theses and Dissertations

The developmental and life-course criminology (DLC) paradigm has become increasingly popular over the last two decades. A primary limitation of this paradigm is the lack of consideration of race and ethnicity within its framework. Race unquestionably matters in today's society and yet it has generally been ignored within the context of DLC theories. The current study aims to contribute to the literature informing DLC by viewing life-course theories through the lens of race and ethnicity. Utilizing nationally-representative data from the National Longitudinal Survey of Youth 1997, the current study examines race-specific developmental trajectories of offending over 11 years during the …

Historic And Modern Social Movements For Reparations: The National Coalition For Reparations In America (N’Cobra) And Its Antecedents, Adjoa Aiyetoro, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

Most of the legal scholarship on reparations for Blacks in America focuses on its legal or political viability. This literature has considered both procedural obstacles, such as statutes of limitations and sovereign immunity, as well as the substantive conception of a defensible cause of action. Indeed, Congressman John Conyers introduced H.R. 40, a bill to study reparations, in 1989 and every Congressional session since, and there have been three law suits that have received national attention. This Essay takes a different approach, considering reparations as a social movement with a rich and under-explored history. As Robin Kelley explains, such an …

Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck

Business and Economics Honors Papers

For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …

More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Crime, Drugs, And Race, Wornie L. Reed

Trotter Review

The crime and criminal record statistics of black Americans are frightening; and they keep getting worse. These figures, of course, give us pause. Yet, it must be kept in mind that none of these figures demonstrates that blacks as a race are more prone to crime. Rather, the figures show that the average black person in the United States is more likely than the average white person to be so situated in the social structure that he or she is more likely to be involved in crime, with an even higher likelihood of being arrested, convicted, and imprisoned.

A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb

Graduate Student Research Papers

This paper presents a limited study of the legal basis for slavery in pre-civil war United States laws.