Search Results for racism

...Rick Jones; Cornelius Cornelssen © The Ohio State University Coerced Consent: Plea Bargaining, the Trial Penalty, and American Racism I. Introduction The trial penalty the often severe and unjusti able difference between a pre-trial offer and a post-trial sentence affects some people much...

...Sarah Brady Siff Abstract The early history of drug sentences in California provides a quintessential example of structural racism in law. The demands of white voters to escalate penalties for drug crimes followed a pattern of collective myth making and value signaling that insisted opiates...

...Michael Fischer Abstract America’s legacy of racism and inequity has created a criminal legal system that privileges money over innocence. A protracted encounter with the courts has the potential to bankrupt entire families, keeping them and even their descendants in a cycle of disadvantage...

.... If a policy is set that drugs must rst be addressed through medical/treatment services, then diverting drug addiction cases out of the criminal justice system becomes the focus of the debate. Perhaps even worse is the racism that is so pervasive in America s drug policy. It has led to the destruction...

..., his detection of the system s failure to protect the convicted from bias in sentencing rings true.25 Reconstruction Sentencing requires challenging current sentencing laws and their outcomes with the goal of repairing the damage caused by racism and protecting the subjects of that racism from...

... racial and ethnic minorities and the poor, thanks to the effects of systemic racism (including implicit biases) and other bargaining inequalities. This differential impact results from the operation of implicit bias as well as well-known disparate policing practices and the woeful underfunding...

..., pursuant to popular interpretation of current equal protection law. This failure is due, in large part, to the courts unwillingness to traverse beyond scrutiny of specific intentional conduct to include a consideration of the subtle nature of 21st century racism, which rarely leaves behind an overt paper...

... in Minneapolis, Minnesota. His death set off a series of protests in Minneapolis, Saint Paul, and other cities across the nation, which expressed the extreme frustration of people who had been subject to years of racism, oppression, and unfairness in the treatment of people of color. Racial disparities exist...

... in differential opportunities to vote,16 differential opportunities for employment,17 and differential opportunities for good health.18 The question of racism in criminal justice does not begin with sentencing and, perhaps more important, evidence suggests that it is a cumulative phenomenon [that] must...

... American and Latino prisoners. But the link between mass incarceration and racism does not run through numbers alone. Although the racial disproportionality of African American and Latino prisoners began before mass incarceration, it is unlikely that the dehumanization of prisoners under mass incarceration...

... reflected in policymaking around sentencing. To spark that change, the Sentencing Commission must partner with scholars, journalists, practitioners, judges, and incarcerated people to develop more just, evidence-based policies. © The Ohio State University incarceration sentencing democracy racism...

... million Americans are in prison or jail.1 Nearly ve million are on community control.2 Many of these Americans are locked away or punished for low-level, non-violent drug offenses. Our nation s history of racism and discrimination is deeply ingrained in our criminal justice system. Today, Black men...

... use criminal history at all. Every guidelines system places an outsized reliance on criminal history. But criminal history is a factor that is in and of itself a product of structural racism. We have to acknowledge that. And we have to think Figure 1. Arrests Made by Minneapolis Police Department...

... Evidence That It Leads to Meaningful Changes in Behavior, Scienti c American, Aug. 28, 2020. 3 See, e.g., Katie Benner, Barr Says There Is No Systemic Racism in Policing, N.Y. Times, June 7, 2020. 270 FEDERAL SENTENCING REPORTER VOL. 33, NO. 4 APRIL 2021 4 Prosecutorial Performance Indicators: A Suite...

... to change course from the decades of systemic racism that have beget law enforcement brutality, it is more important than ever that the body charged with developing federal sentencing policy be representative of all people particularly those upon whom it has had a disproportionate impact. Past Commissions...

... to take root: Bipartisan consensus that mandatory minimums are bad policy because they reallocate power from judges to prosecutors, cement racism and classism, and fail to advance community safety. 3 The aws in mandatory minimum sentencing laws are well known, and we will not go over all of them here...

... said. ÒBut I have not heard a case made for racism as a factor in the application of the death penalty in the federal system.Ó FosterÕs observation was, to an extent, an acknowledgement of the Justice DepartmentÕs efforts to protect federal death penalty decisions from being swayed by issues of race...

..., Criminogenic Need, supra note 4; Hannah- Baker, Assessment in Youth Justice: Professional Discretion and Moffat, Actuarial Sentencing, supra note 4. the Use of ASSET, 5 Youth Just. 106 (2005); Diana Wendy 11 D. Andrews & J. Bonta, LSI-R: The Level Of Service Inventory- Fitzgibbon, Institutional Racism, Pre...

... Ignorance about Student Radicalism, 35 Sociometry 576 (1972). S. Labaton, Surgeon General Suggests Study of Legalizing Drugs, N.Y. Times, Dec. 8, 1993, at A23. R.D. Lee & K.A. Rasinski, Five Grams of Coke: Racism, Moralism and White Public Opinion on Sanctions for First Time Possession, 17 Int l J. Drug Pol...

...-democrats-crime-bill-biden-20190626-story.html. 10 Withers, Rachel, George H.W. Bush s Willie Horton ad will always be the reference point for dog-whistle racism, VOX (December 1, 2018). httpswww.vox.com/2018/12/1/ 18121221/george-hw-bush-willie-horton-dog-whistle-politics. 11 See Sherman, Lawrence W...