Sexual Exploitation And The Adultified Black Girl,
2020
University of Missouri - Kansas City, School of Law
Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson
Faculty Works
A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …
Through The Lens Of Restorative Justice: A Re-Humanizing,
2020
New York Law School
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
NYLS Law Review
No abstract provided.
Restorative Prosecution? Rethinking Responses To Violence,
2020
New York Law School
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
NYLS Law Review
No abstract provided.
Accountability And Repair: The Prosecutor’S Case For Restorative Justice,
2020
New York Law School
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
NYLS Law Review
No abstract provided.
Learning To Heal: Integrating Restorative Justice Into Legal Education,
2020
New York Law School
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg,
2020
Montclair State University
From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases,
2020
Montclair State University
From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
Considering A Domestic Terror Statute And Its Alternatives,
2020
Montclair State University
Considering A Domestic Terror Statute And Its Alternatives, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Recent years have seen an increase in right-wing extremist violence within the United States, which has highlighted the disparities in law enforcement’s handling of “international” as opposed to “domestic” terrorism. Public, legal, and law enforcement commenters have begun calling for a “domestic terrorism statute,” arguing that the lack of such a statute is the largest hurdle in prosecuting domestic terrorists. This Essay explains that the primary cause of the disparity in prosecutions between domestic and international terrorists is not a lack of a domestic terrorism statute but rather the lack of a generalized terrorism statute and the failure to designate …
From The Legal Literature: Automating Police,
2020
Montclair State University
From The Legal Literature: Automating Police, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
From The Legal Literature: Disentangling Prison And Punishment,
2020
Montclair State University
From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
The Distraction That Is Stand Your Ground,
2020
Florida International University (FIU) College of Law
The Distraction That Is Stand Your Ground, Katryna Santa Cruz
FIU Law Review
No abstract provided.
America's Paper Prisons: The Second Chance Gap,
2020
Santa Clara University School of Law
America's Paper Prisons: The Second Chance Gap, Colleen Chien
Michigan Law Review
Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …
Preventing Sexual Violence: Alternatives To Worrying About Recidivism,
2020
Marquette University Law School
Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus
Marquette Law Review
None
Is The #Metoo Movement For Real? The Implications For Jurors’ Biases In Sexual Assault Cases,
2020
The Catholic University of America, Columbus School of Law
Is The #Metoo Movement For Real? The Implications For Jurors’ Biases In Sexual Assault Cases, Mary Graw Leary
Scholarly Articles
This Article examines the emerging research on the #MeToo movement and its potential effects on the population of potential jurors, exploring the possibility of improving the jury pool in sexual assault cases. Part I discusses the current problem of attrition in sexual assault cases. Part II examines the substantial body of literature surrounding this attrition and the potential reasons for it. Part III explores the #MeToo movement and reviews the emerging body of research regarding it. Part III also considers whether the movement will impact juries positively or whether the attrition rates based on rape myths, misogyny, and rape culture …
The Impact Of Incarceration On The Risk Of Violent Recidivism,
2020
Marquette University Law School
The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp
Marquette Law Review
Whether incarceration heightens an individual’s likelihood of recidivating is at the center of prison policy discussions. Yet rigorous empirical studies on the nature of the incarceration—recidivism link are limited. As a whole, existing research suggests that the effect of imprisonment, relative to noncustodial sanctions, is either null or slightly criminogenic. These findings call into question the ability of prisons to exert a specific deterrent effect. They also suggest that prisons are failing to address the underlying causes of recidivism among inmate populations. An important consideration, however, is the extent to which the effects of imprisonment are heterogeneous. The current discussion …
Retribution As Ancient Artifact And Modern Malady,
2020
Saint Louis University School of Law
Retribution As Ancient Artifact And Modern Malady, Molly J. Walker Wilson
Lewis & Clark Law Review
One of the oldest and most entrenched goals of punishment is retribution, which is the idea that inflicting pain on someone who has committed a wrong is a worthwhile goal, regardless of any other benefits or harms that may result. Retribution has been the justification for increasingly punitive policies in the United States, the effect of which has decimated communities of color, strapped taxpayers with huge associated costs, and increased crime rates. It is difficult to understand why we perpetuate harmful policies based on “just deserts” until we consider that the foundation of these policies is moral outrage—a powerful, automatic, …
Criminal Law As Public Ordering,
2020
Brooklyn Law School
Criminal Law As Public Ordering, Alice Ristroph
Faculty Scholarship
No abstract provided.
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration,
2020
Claremont Colleges
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Scripps Senior Theses
The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.
Individualized Proportionality And The Experience Of Punishment: An Emergent Paradigm For Canadian Sentencing?,
2020
Osgoode Hall Law School of York University
Individualized Proportionality And The Experience Of Punishment: An Emergent Paradigm For Canadian Sentencing?, Benjamin Berger
All Papers
Drawn from a case in which the Supreme Court of Canada grappled with the signal societal trauma wrought by the operation of the criminal justice system — the travesty of Indigenous over-representation in Canadian prisons — the epigraph to this chapter points to the ethical heart of a distinctive and important development in Canadian sentencing law. It involves an approach that has already disrupted certain elements of contemporary sentencing practice, and it is one that, depending on how sentencing judges embrace it, may open up new futures in Canadian sentencing. This development is the emergence of individualized proportionality as the …
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias,
2020
St. John's University School of Law
Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum
Faculty Publications
This Article addresses the role that racial disparities— specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight sentencing and other …
