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Criminology and Criminal Justice Commons

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Full-Text Articles in Criminology and Criminal Justice

Foreword: Abolition Constitutionalism, Dorothy E. Roberts Jan 2019

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

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In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …


Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts Jan 2017

Democratizing Criminal Law As An Abolitionist Project, Dorothy E. Roberts

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The criminal justice system currently functions to exclude black people from full political participation. Myriad institutions, laws, and definitions within the criminal justice system subordinate and criminalize black people, thereby excluding them from electoral politics, and depriving them of material resources, social networks, family relationships, and legitimacy necessary for full political citizenship. Making criminal law democratic requires more than reform efforts to improve currently existing procedures and systems. Rather, it requires an abolitionist approach that will dismantle the criminal law’s anti-democratic aspects entirely and reconstitute the criminal justice system without them.


Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle Jan 2016

Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle

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This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and …


How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson Dec 2015

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

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This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.


Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts Jan 2008

Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts

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No abstract provided.


Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania Jan 2006

Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania

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The United Nations Development Programme and the Government of the Maldives commissioned the drafting of a penal code based upon existing Maldivian law, which meant primarily a codification of Shari'a. This is the Final Report of that codification project. A description of the process that produced this Report and the drafting principles behind it, as well as a discussion of the special challenges of codifying Islamic criminal law, are contained in an article at http://ssrn.com/abstract=941443.


The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts Jan 2004

The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts

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No abstract provided.


Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts Jan 2001

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

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No abstract provided.


Rape, Violence, And Women's Autonomy, Dorothy E. Roberts Jan 1993

Rape, Violence, And Women's Autonomy, Dorothy E. Roberts

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No abstract provided.


Crime, Race And Reproduction, Dorothy E. Roberts Jan 1993

Crime, Race And Reproduction, Dorothy E. Roberts

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No abstract provided.