This article argues that criminal justice educators should integrate issues of sexuality into criminal justice curricula as part of diversity education within the discipline. Few programs currently do so. This article outlines four methods for infusing justice-related GLBT content into criminal justice classes, including: The teachable moment; incorporating GLBT-relevant material in required courses; incorporating GLBT-relevant material into diversity courses; and the development of new electives. These strategies can help combat heterosexism and homophobia.
In this two-part podcast episode Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund, Inc., Barry Friedman, New York University Law professor and director of NYU’s Policing Project, and John Malcolm of the Heritage Foundation explore the intersection of race and policing in the United States. Our guests explore the history of race relations in the U.S., and the resulting impact on law enforcement practices in Part 1: History, Training Programs, and Police as First Responders and Part 2: Predictive Policing, Funding Priorities, and Working Toward a Solution.
In this podcast episode, the panel discusses how our courts and judges are addressing the complex topic of racism and racial disparities, especially in recent years of protests and civil protests following police brutality. The panel also explores racial education programs for federal judges, the disparities in sentencing for Black men in the U.S., and the obligation judges and justices have to provide a justice system that works fairly for all Americans.
In this article, the author examines prosecutorial discretion-a major cause of racial inequality in the criminal justice system. The author argues that prosecutorial discretion may instead be used to construct effective solutions to racial injustice, and suggests a solution that would promote equal protection of the laws through the electoral process and help address the difficult legal challenges to discriminatory treatment. The author propose the use of racial impact studies in prosecution offices to advance the responsible, nondiscriminatory exercise of prosecutorial discretion.
This article explores the current debate about the criminal law's treatment of women who kill their abusers and how this debate mainly focuses on the use of expert testimony about the psychological effects of battering that are collectively known as the "battered woman syndrome." Section B outlines the development and use of this testimony in self-defense cases. Section C addresses the growing use of this testimony during sentencing proceedings and clemency deliberations. The final section discusses current reform efforts and their limitations and recommend further changes to redress inconsistencies in the legal system's treatment of battered women who kill.
This article examines the use of gay panic defense strategies in the criminal courtroom. The author argues that gay panic arguments are problematic because they reinforce and promote negative stereotypes about gay men as sexual deviants and sexual predators. But rather than barring defendants from making gay panic arguments, the author argues that the criminal courtroom is the place where such arguments can and should be aired and battled.
Part II of this article examines the current state of domestic violence law, first depicting developments in federal law relating to domestic violence and then tracing developments in state law relating to domestic violence. Part III of this article examines the weaknesses in current domestic violence law, from areas dealing with the legal proceedings to its focus on abuse in heterosexual relationships.
This video and blogpost discusses how Americans with disabilities, especially those of color, are in the criminal justice system and how many victims this system creates on all sides. People of color and others from vulnerable populations are especially at risk because of the intersecting and compounding effects of racism, ableism and other forms of discrimination. Criminal justice reform will not succeed unless and until disability is addressed in all stages of the criminal justice system from early intervention to reentry and reintegration.
In this video, leaders in North Carolina discuss fighting the cash bail system that incarcerates people based on poverty, the racially disparate disenfranchisement of individuals for unpaid fines and fees, and the dangerous conditions facing largely black and brown people in local jails. Daryl Atkinson who co-directs Forward Justice, Andrea "Muffin" Hudson who founded and directs the NC Community Bail Fund, and Leah Kang, staff attorney at the ACLU-NC also discuss their innovative racial justice related work here in Durham and in North Carolina.
In this podcast, Eric Lesh, Executive Director of the LGBT Bar of NY speaks with Richard Saenz, Senior Attorney, and the Criminal Justice and Police Misconduct Strategist at Lambda Legal, about his litigation and policy work on behalf of incarcerated LGBTQ people.
This article relies upon a historical-interpretive approach to understanding the relationship between legal narrative and popular consciousness in particular historical moments, focusing especially on "troubled times," in which the legitimacy of a hegemonic worldview embodied in law comes under challenge from a newly ascendant ideology in the popular domain. To discern the nature of that relationship and its implications, the author offers a three-pronged analysis, drawing on two original data sets: (1) representations of homosexuals circulating in popular culture; (2) constructions of homosexuals in defendants' narratives in "homosexual advance" homicide cases between 1946 and 2003; and (3) combining the findings from these two analyses to explore the relationship between the two constructions of homosexuals across that time period. In combination, the author argues that these three analyses provide empirical evidence that, rather than mirroring changes in popular discourse about homosexuality, the changes revealed in the defense narratives actually opposed them.
This article discusses how the inconsistency of time preferences has wider implications, especially for criminal law. First, present bias may have significant implications for the general deterrence of crime. Present bias heightens the importance of timing arrests closer to the commission of a crime-which suggests overlooked benefits from undercover operations. It also increases the efficiency of private crime prevention when these measures pose costs that occur contemporaneously with the benefits of crime. Second, present bias explains addiction, otherwise puzzling conditions of probation and parole, and the self-control mechanisms for dealing with addiction and tempting criminal behavior. Preventative measures, whether imposed by the state as a condition of probation and parole or imposed by the potential offender through "self-exclusion," work by preventing an individual from having the opportunity to succumb to temptation.