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Making Gideon Count? Public Defender Resources and Felony Case Outcomes for Black, White, and Latinx Individuals 让吉迪恩计数?黑人、白人和拉丁裔个人的公设辩护人资源和重罪案件结果
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-04-07 DOI: 10.1177/21533687211006456
Aaron Gottlieb
Although Gideon v. Wainright has provided indigent defendants potentially facing prison time the right to counsel, commentators and scholars have documented that the public defense system is vastly underfunded and currently in crisis. However, research has rarely examined how public defender resources impact case outcomes, and the research that does exist has yet, to my knowledge, examine how these resources impact racial disparities in case outcomes. By merging data from the Census of Public Defender Offices to data from the State Court Processing Statistics, I begin to fill this gap. Results from multivariate regression analyses with state-year fixed effects provide mixed evidence. Regardless of race, higher public defender and support staff caseloads tend to be associated with worse case outcomes. In the case of pretrial detention, I find that high public defender and support staff caseloads exacerbate Black-White disparities. With respect to sentence length, I find evidence that high public defender caseloads exacerbate Latinx-White disparities and some evidence that they mitigate Black-White disparities. In sum, these results provide strong support for the view that the public defender funding crisis harms indigent defendants regardless of race and mixed evidence regarding its impact on racial disparities in the criminal justice system.
尽管Gideon诉Wainright案为可能面临牢狱之灾的贫困被告提供了获得律师的权利,但评论员和学者们已经证明,公共辩护系统资金严重不足,目前正处于危机之中。然而,研究很少考察公设辩护人资源如何影响案件结果,据我所知,现有的研究还没有考察这些资源如何影响案例结果中的种族差异。通过将公设辩护人办公室人口普查的数据与州法院处理统计数据合并,我开始填补这一空白。具有状态年固定效应的多元回归分析结果提供了混合证据。无论种族如何,公设辩护人和支持人员的案件量越大,案件结果越差。在审前拘留的情况下,我发现公设辩护人和辅助人员的大量案件加剧了黑人和白人之间的差距。关于刑期,我发现有证据表明,公设辩护人的大量案件加剧了拉丁裔和白人的差异,也有证据表明他们减轻了黑人和白人的差距。总之,这些结果有力地支持了这样一种观点,即公设辩护人的资金危机无论种族如何都会伤害贫困被告,并且关于其对刑事司法系统中种族差异的影响,证据混杂。
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引用次数: 2
“Alone in a Crowd: Indigenous Migrants and Language Barriers in American Immigration” “人群中的孤独:美国移民中的土著移民和语言障碍”
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-03-31 DOI: 10.1177/21533687211006448
Denise N. Obinna
Indigenous migrants in American custody often speak neither English nor Spanish. This leaves them at risk for family separation, deportation and due process violations. In this article, I discuss the challenges which indigenous migrants face in American immigration. Examining linguistic variations, this manuscript illustrates that American immigration policies have not adjusted to the linguistic diversity at the border—or in the immigration courts. Despite the growing number of indigenous migrants seeking asylum, most are assumed to speak only Spanish. This assumption neglects the wide linguistic diversity of immigrants and directly impacts their experience through the immigration bureaucracy. For indigenous migrants, linguicism or the exclusion of native languages can have life or death consequences—especially if they are unable to secure interpreters or relay crucial aspects of their case. As such, linguicism perpetuates an unequal justice system which fails to provide an understanding of the asylum process for those who speak indigenous languages.
被美国拘留的土著移民通常既不会说英语也不会说西班牙语。这使他们面临家庭分离、被驱逐出境和违反正当程序的风险。在这篇文章中,我讨论了土著移民在美国移民中面临的挑战。通过考察语言差异,这份手稿表明,美国的移民政策没有适应边境或移民法庭的语言多样性。尽管寻求庇护的土著移民人数不断增加,但大多数人被认为只会说西班牙语。这种假设忽略了移民广泛的语言多样性,并通过移民官僚机构直接影响了他们的经历。对于土著移民来说,语言不通或排斥母语可能会带来生死攸关的后果,尤其是如果他们无法获得翻译或传达案件的关键方面。因此,语言主义使不平等的司法系统长期存在,无法让讲土著语言的人了解庇护程序。
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引用次数: 3
The Influence of Defendant Race/Ethnicity and Police Body-Worn Cameras on Traffic Case Processing 被告种族/民族和警察随身相机对交通案件处理的影响
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-03-30 DOI: 10.1177/21533687211004696
Jessica Huff, M. White, K. E. Padilla
The current study evaluates the impact of defendant race/ethnicity and police body-worn cameras (BWCs) on dismissals and guilty pleas in traffic violations. Despite the frequency of traffic violations and the potential for racial/ethnic bias in these incidents, researchers have yet to examine the outcomes of these violations in court. Research is also needed to assess the potential for BWCs to provide evidence and reduce charging disparities and differential pleas for minority defendants. Traffic violations processed in the Tempe, Arizona Municipal Court before and after BWC deployment were examined using logistic regression. Black and Hispanic defendants were less likely to have their violations dismissed than White defendants, regardless of the presence of a BWC. Hispanic defendants were significantly more likely to plead guilty to traffic violations than White defendants, and BWCs did not eliminate this disparity. BWCs did significantly reduce the likelihood of a guilty plea for Black and White defendants, but the finding was not robust to the inclusion of an interaction term between race and BWCs. BWCs did not significantly moderate the impact of defendant race/ethnicity on either dismissals or guilty pleas. Overall, the results suggest that BWCs have little impact on reducing racial/ethnic disparities in traffic violation processing.
目前的研究评估了被告的种族/民族和警察随身携带的相机(BWCs)对交通违规的解雇和认罪的影响。尽管交通违规事件频繁发生,而且这些事件中可能存在种族/民族偏见,但研究人员尚未在法庭上审查这些违规行为的结果。还需要进行研究,以评估生物多样性公约在提供证据和减少少数族裔被告的收费差异和不同辩护方面的潜力。使用逻辑回归对亚利桑那州坦佩市法院在部署生物武器前后处理的交通违规行为进行了审查。与白人被告相比,黑人和西班牙裔被告的违法行为被驳回的可能性更小,无论是否存在生物武器公约。西班牙裔被告明显比白人被告更有可能承认违反交通规则,而BWCs并没有消除这种差异。种族歧视确实显著降低了黑人和白人被告认罪的可能性,但这一发现对于种族和种族歧视之间的相互作用术语并不有力。BWCs并没有显著缓和被告种族/民族对解雇或认罪的影响。总体而言,交通违规处理对减少种族差异影响不大。
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引用次数: 7
There Can Be More Than One: A Black Man’s Journey Through the Academy 不止一个:一个黑人的学院之旅
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-03-18 DOI: 10.1177/21533687211001917
Robert A. Brown
The underrepresentation of Black Americans as graduate students and faculty in Criminology and Criminal Justice programs is well-recognized. This essay discusses some of the dynamics of the academy that potentially contribute to the lack of Black representation at the highest levels of the academy. Through the sharing of various experiences, this essay sheds light on how the dearth of Black men in the academy creates challenges for the few Black men that do exist in the academy.
美国黑人在犯罪学和刑事司法项目的研究生和教员中的代表性不足是公认的。本文讨论了学院的一些动态,这些动态可能导致学院最高级别缺乏黑人代表。通过分享各种经验,本文揭示了学院中黑人男性的缺乏如何给学院中为数不多的黑人男性带来挑战。
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引用次数: 3
Academic Turning Points: How Microaggressions and Macroaggressions Inhibit Diversity and Inclusion in the Academy 学术转折点:微侵犯和大侵犯如何抑制学院的多样性和包容性
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-03-17 DOI: 10.1177/21533687211001909
Bryan L. Sykes
In this essay, I reflect upon my experiences as a student, faculty member, and editor. I argue that microaggressions and macroaggressions, in classrooms and conference rooms, facilitate academic turning points—moments and experiences that turn underrepresented scholars away from academia as students, faculty, and staff in departments, centers, and institutions of higher learning. In what follows, I reflect on three moments when my career path almost diverged from its current position and trajectory, and from these experiences, I distill concrete recommendations for administrators, editors, faculty, and students on how to cultivate academic environments that enable underrepresented scholars to thrive in the academy.
在这篇文章中,我反思了我作为学生、教师和编辑的经历。我认为,课堂和会议室中的微侵犯和宏观侵犯有助于学术转折点——这些时刻和经历会让代表性不足的学者远离学术界,成为系、中心和高等院校的学生、教师和工作人员。在接下来的文章中,我回顾了我的职业道路几乎偏离当前位置和轨迹的三个时刻,从这些经历中,我为管理人员、编辑、教师和学生提炼出了关于如何培养学术环境的具体建议,使代表性不足的学者能够在学院中茁壮成长。
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引用次数: 5
The Consequences Are Black and White: Race and Poor Health Following Incarceration 后果是非黑即白:监禁后的种族和健康状况不佳
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-02-25 DOI: 10.1177/2153368721998053
Julie L. Kuper, J. Turanovic
Incarceration is a health damaging experience that disproportionately impacts Black Americans. Although existing research has explored broader racial disparities in the health consequences of imprisonment, little research has examined within-individual changes in health declines following incarceration. Accordingly, in this study, we examine whether the negative health effects of incarceration are more pronounced for Black versus White individuals. Data from Waves I through IV of the National Longitudinal Study of Adolescent to Adult Health (Add Health) and hierarchical generalized linear models (HGLM) are used to estimate within-person changes to self-rated health following first incarceration (N = 23,627 person-waves) for non-Hispanic Black and non-Hispanic White individuals. Findings indicate that Black respondents reported within-person health declines that were more substantial than those of Whites after first incarceration. Additional analyses revealed that these race differences were more pronounced among Black males. Taken together, this study adds to the literature highlighting the racialized and negative health impacts of incarceration. Efforts to reduce imprisonment and increase access to quality health care in Black communities are needed.
监禁是一种损害健康的经历,对美国黑人的影响尤为严重。尽管现有研究探讨了监禁对健康影响方面更广泛的种族差异,但很少有研究在监禁后健康下降的个体变化中进行研究。因此,在这项研究中,我们考察了监禁对黑人和白人的负面健康影响是否更明显。来自全国青少年至成人健康纵向研究(Add Health)第I波至第IV波的数据和分层广义线性模型(HGLM)用于估计非西班牙裔黑人和非西班牙裔白人在首次监禁后(N=23627人波)对自评健康的人内变化。调查结果表明,黑人受访者报告称,在第一次监禁后,其人内健康状况下降幅度比白人更大。其他分析显示,这些种族差异在黑人男性中更为明显。总之,这项研究增加了强调监禁对种族化和负面健康影响的文献。需要努力减少监禁,增加黑人社区获得优质医疗服务的机会。
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引用次数: 0
Book Review: Shopping while Black: Consumer racial profiling in America 书评:《黑人购物:美国消费者的种族特征》
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-02-22 DOI: 10.1177/2153368721996438
Justin Clayton
Shopping While Black: Consumer Racial Profiling in America is a moderately brief book that presents the history of and research on consumer racial profiling (CRP). However, its mild brevity is not indicative of its depth. Despite being to the point, the book is an intellectually dense and comprehensive examination of its topic. It should be noted that Distinguished Professor Shaun L. Gabbidon and Professor George E. Higgins’ book is a part of the Criminology and Justice Studies series, which publishes books intended for undergraduate and graduate students, but written in a fashion that may also be of benefit to a lay audience. Although it is the authors’ recommendation that Shopping While Black is best suited for students and researchers working in the domains of Criminology, Black Studies, Ethnic Studies, Sociology, Security Studies, and Law, I concur that the book would additionally be a worthwhile introduction to CRP for mainstream readers seeking to acquire knowledge on racial profiling in shopping. According to Gabbidon and Higgins (2020), consumer racial profiling “occurs when a shopper is singled out for unwarranted bad treatment/service and/or criminal suspicion based on their racial/ethnic background” (p. xii). Although it is the authors’ position that CRP is a subject sorely in need of more research, they meticulously sift through a substantial amount of quantitative and qualitative research throughout the course of their book. They begin by unpacking the historical context and development of CRP. While walking readers through this, the authors note that profilers did not always intuitively link black people as the primary suspects of shoplifting. The book illustrates that, in fact, prior to the mid-20th century, wealthy white women were thought to be the most frequent retail thieves. Before that time period, blacks were typically unable to enter white-owned brick and mortar businesses due to the Plessy v. Ferguson Supreme Court decision of 1896—which of course legalized segregation. It was after the Brown v. Board of Education decision in 1954, as well as the 1960s Civil Rights Acts, that CRP became a widespread phenomenon. Many white business owners were unhappy with being forced to serve the black customers they saw as nothing more than violent criminals, and consequently, CRP became a normal experience for black consumers. Race and Justice
《黑人购物:美国消费者种族定性》是一本比较简短的书,介绍了消费者种族定性(CRP)的历史和研究。然而,它温和的简洁并不代表它的深度。尽管是切中要害,这本书是一个智力密集和全面的检查,其主题。值得注意的是,Shaun L. Gabbidon教授和George E. Higgins教授的书是《犯罪学与司法研究》系列的一部分,该系列出版的书籍主要面向本科生和研究生,但其写作方式也可能对外行读者有益。虽然作者推荐《购物》一书最适合从事犯罪学、黑人研究、种族研究、社会学、安全研究和法律等领域的学生和研究人员,但我同意,对于那些希望获得购物中种族定性知识的主流读者来说,这本书还是一本很有价值的CRP入门书。根据Gabbidon和Higgins(2020)的说法,消费者种族定性“发生在购物者因其种族/民族背景而被挑选出来接受无端的不良待遇/服务和/或犯罪嫌疑时”(第12页)。尽管作者的立场是CRP是一个非常需要更多研究的主题,但他们在整个过程中精心筛选了大量的定量和定性研究。他们首先揭示了CRP的历史背景和发展。在引导读者了解这一点的同时,作者指出,侧写师并不总是直观地将黑人与入店行窃的主要嫌疑人联系起来。这本书说明,事实上,在20世纪中期之前,富有的白人女性被认为是最常见的零售小偷。在此之前,由于1896年最高法院的普莱西诉弗格森案(Plessy v. Ferguson)的判决,黑人通常无法进入白人拥有的实体店——当然,该判决使种族隔离合法化。在1954年布朗诉教育委员会案(Brown v. Board of Education)的判决以及20世纪60年代的《民权法案》(Civil Rights Acts)之后,CRP才成为一种普遍现象。许多白人企业主对被迫为黑人顾客服务感到不满,他们认为黑人顾客只不过是暴力罪犯,因此,CRP成为黑人消费者的正常体验。种族与正义
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引用次数: 0
Book Review: Critical race theory: A primer 书评:批判性种族理论入门
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-02-10 DOI: 10.1177/2153368721993532
Shaden Samir Ismail Attia
Khiara M. Bridges, a law and anthropology professor at Boston University, wrote this book to provide the readers with an overview of Critical Race Theory (CRT), its key tenets, and the strengths and weaknesses of the theory. She identifies as a critical race theorist who is passionate about CRT yet committed to acknowledging the theory’s shortcomings and presenting its critiques. Her book is divided into four parts introducing the history of CRT and its critiques, core concepts in CRT, the intersectionality of race with different variables and, finally, modern issues related to the theory.
波士顿大学的法学和人类学教授Khiara M. Bridges撰写了这本书,向读者提供了批判性种族理论(CRT)的概述,其主要原则以及该理论的优点和缺点。她认为自己是一个批判的种族理论家,她对CRT充满热情,但却致力于承认该理论的缺点并提出批评。她的书分为四个部分,介绍了CRT的历史及其批评,CRT的核心概念,种族与不同变量的交叉性,最后是与该理论相关的现代问题。
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引用次数: 2
A Racism Burnout: My Life as a Black Academic 种族主义的倦怠:我作为黑人学者的生活
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-02-05 DOI: 10.1177/2153368720971025
D. Hawkins
The author explores within the context of academia the interpersonal and structural dynamics that underpin the systemic racism to which the Black Lives Matter movement responds.
作者在学术界的背景下探讨了人际关系和结构动态,这些动态支撑着“黑人的命也是命”运动所回应的系统性种族主义。
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引用次数: 8
Keeping Black Girls in School: A Systematic Review of Opportunities to Address Exclusionary Discipline Disparity 让黑人女孩留在学校:对解决排他性学科差异的机会的系统回顾
IF 2.1 3区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2021-02-03 DOI: 10.1177/2153368720988894
Lynn A. Addington
A punitive legacy of the responses to school shootings in the United States is the expansion of exclusionary discipline. Black girls have disproportionately experienced this form of punishment as compared to white girls and non-Black girls of color. A small, but growing, body of research has examined the patterns and causes of this disparity. Current studies have made suggestions for possible solutions to address this disparity, but these recommendations are not readily accessible in a single location. A catalogue of these ideas could provide a useful foundation for policy development and evaluation. The present research note seeks to generate this resource by conducting a systematic review to identify and categorize recommendations aimed at reducing the discipline disparity experienced by Black girls. Based on this review, four categories emerged that center around: (1) culturally competent school programs, (2) enhanced teacher training, (3) spaces at school for empowering Black girls, and (4) trauma-informed student policies. This research note discusses these categories of recommendations using an intersectional framework and concludes with a summary of next steps to guide future research and policy work to address the disproportionate use of exclusionary discipline against Black girls.
美国校园枪击事件应对措施的一个惩罚性遗产是排外纪律的扩大。与白人女孩和有色人种非黑人女孩相比,黑人女孩遭受这种形式的惩罚的比例过高。一个小规模但不断增长的研究机构已经研究了这种差异的模式和原因。目前的研究已经为解决这一差距的可能解决方案提出了建议,但这些建议在一个地方并不容易获得。这些想法的目录可以为政策制定和评估提供有用的基础。本研究说明旨在通过进行系统审查来确定和分类旨在减少黑人女孩所经历的学科差异的建议,从而产生这一资源。根据这篇综述,出现了四类主要内容:(1)具有文化能力的学校项目,(2)加强教师培训,(3)赋予黑人女孩权力的学校空间,以及(4)基于创伤的学生政策。本研究说明使用跨部门框架讨论了这些类别的建议,并总结了指导未来研究和政策工作的下一步措施,以解决对黑人女孩过度使用排斥性纪律的问题。
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引用次数: 5
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Race and Justice
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