Open Access. Powered by Scholars. Published by Universities.®
Social Control, Law, Crime, and Deviance Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (2)
- Black Lives Matter movement (1)
- Codification of mitigation (1)
- Community norms (1)
- Constitutional law (1)
-
- Contextual analysis (1)
- Crime; criminal justice; child law; victimization; violence; crime exposure; VOCA; victim compensation; victim assistace; law & social science; crime victim services; child protection (1)
- Discrimination (1)
- Empathy (1)
- Enforcement (1)
- Equal protection clause (1)
- Exclusionary rule (1)
- Extreme emotional disturbance (1)
- Fear (1)
- Ferguson (1)
- Fourteenth amendment (1)
- Guidelines (1)
- Hate (1)
- Heat of passion (1)
- Hegemonic cultural narratives (1)
- Humiliation (1)
- Intermarriage (1)
- Internal pressure (1)
- Interracial marriage (1)
- James Baldwin (1)
- Judges (1)
- Juries (1)
- Jury nullification (1)
- Justice (1)
- Juvenile offenders (1)
Articles 1 - 5 of 5
Full-Text Articles in Social Control, Law, Crime, and Deviance
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad
Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad
All Faculty Scholarship
The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …
A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson
A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson
All Faculty Scholarship
It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …
The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson
The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.
Shadow vigilantes, as they might be called, can affect the …
A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin
A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin
All Faculty Scholarship
This article describes the way documentary films can provide important cultural context in the assessment of tort claims. This kind of contextual analysis exposes the social conditions that drive legal disputes. For example, in the case of Klayman v. Obama, Larry Klayman claimed that Black Lives Matter, among other defendants, was liable for various intentional torts (including intentional infliction of emotional distress) by fomenting hostility toward the police in black communities. The court dismissed the case but declined to hold Klayman liable for sanctions. One documentary film, I Am Not Your Negro, locates Klayman’s claims in a historical …
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
The Loving Story: Using A Documentary To Reconsider The Status Of An Iconic Interracial Married Couple, Regina Austin
All Faculty Scholarship
The Loving Story (Augusta Films 2011), directed by Nancy Buirski, tells the backstory of the groundbreaking U.S. Supreme Court case, Loving v. Virginia, that overturned state laws barring interracial marriage. The article looks to the documentary to explain why the Lovings should be considered icons of racial and ethnic civil rights, however much they might be associated with marriage equality today. The film shows the Lovings to be ordinary people who took their nearly decade long struggle against white supremacy to the nation’s highest court out of a genuine commitment to each other and a determination to live in …