On June 12, 2016, a shooter entered the Pulse club in Orlando, Florida, and fatally shot 49 people. Pulse was a barwhere lesbian, gay, bisexual, transgender, and otherwise queer identifying (LGBTQ+) people regularly gathered, and the shooting occurred on Latin night, disproportionally impacting people at the intersection of being LGBTQ+, Black, and Latinx. Afterthe shooting, organizations focusing on LGBTQ+ people of color, including undocumented queer people, emerged and mobilized for improved political protections, economic rights, criminal justice reform, and representation of LGBTQ+ people of color insocial justice organizations. Drawing from ethnographic fieldwork that began in 2016, this presentation summarizes findings from an ongoing study examining the impacts of social justice mobilizing after gun violencethat targeted queer people of color. It reports findings from participant observation experiences with LGBTQ+ Latinx organizations and interviews with social justice organization members (n=52), local legislators (n=8), health providers (n=3), law enforcement officers (n=3), and national organization leaders (n=3). Findings highlight how the Pulse shooting sparked an intersectional social justice movement workingto dismantle structural racism, xenophobia,and homophobia from within multiple settings. Using theories of biopolitics and frameworks of legal, political, and queer mobilization, I argue that the movement forged out of the Pulse shooting works to advance what I call “an assertive politics of belonging” that pervades multiple social spaces, including within local and state government, law enforcement agencies, and social justice organizations. Situating this movement in a broader US context of deep political polarization and persistent white supremacy, findings from this study underscore the tensions that emerge in challenging structural racism by asserting claims of belonging for people at the intersection of multiple minoritized identities.
more »
« less
94 different countries? Time, place, and variations in federal criminal justice
Frank Zimring and Gordon Hawkins’s 1991 book, The Scale of Imprisonment, was a pioneering intellectual effort to explain what was then just coming into view to social scientists and legal scholars: the massive growth and transformation of American criminal justice, particularly as manifested in what soon came to be called mass incarceration. Zimring and Hawkins endeavored to disentangle multiple forces in play, ranging from formal law, to local and regional legal norms, to a series of broader social and political transformations. In doing so, Zimring and Hawkins set out to disentangle the complex, multi-jurisdictional political and legal structures that govern imprisonment policy in the U.S. In this Article, I apply their insights about locale-based variations in criminal justice operations over time to the case of federal sentencing. Specifically, I empirically examine variations in how the “criminal history” provision of the federal sentencing guidelines is applied as a function of both time and place to demonstrate the limits of formal law in accounting for punishment outcomes. In doing so, I hope to shed additional light on how vast differences in legal practices and outcomes are produced, especially in response to top-down legal change.
more »
« less
- Award ID(s):
- 1251700
- PAR ID:
- 10225092
- Date Published:
- Journal Name:
- Berkeley journal of criminal law
- Volume:
- 23
- Issue:
- 3
- ISSN:
- 1934-9629
- Page Range / eLocation ID:
- 134-163
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
More Like this
-
-
Recent punishment and society scholarship has addressed the limits of policy reforms aimed at reducing mass incarceration in the U.S. This work has focused in particular on the political dimensions of penal legal reform and policy-making, and the compromises and shortcomings in those processes. Nearly absent in this scholarship, however, has been empirical and theoretical engagement with the role of front-line prosecutors as facilitators and/or resistors to downsizing efforts. Using the case of the U.S. federal criminal legal system's modest efforts to decrease the system's racially disparate and punitive outcomes, this paper elucidates the fragile nature of such reforms by delineating the critical role that front-line prosecutors play in maintaining punitive approaches. Focusing specifically on federal prosecutorial policy and practices in the Trump era, I draw on a subset of data from an interdisciplinary, multi-methodological project set in distinct federal court jurisdictions in the U.S. to examine how front-line prosecutors were able to quickly reverse course on reform through the use of their uniquely powerful charging and plea-bargaining tools. My findings illustrate how federal prosecutors pursued more low-level defendants, and utilized statutory “hammers,” including mandatory minimums and mandatory enhancements to ensure harsh punishments in a swift return to a war-on-crime.more » « less
-
This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts’ autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.more » « less
-
AI algorithms are increasingly influencing decision-making in criminal justice, including tasks such as predicting recidivism and identifying suspects by their facial features. The increasing reliance on machine-assisted legal decision-making impacts the rights of criminal defendants, the work of law enforcement agents, the legal strategies taken by attorneys, the decisions made by judges, and the public’s trust in courts. As such, it is crucial to understand how the use of AI is perceived by the professionals who interact with algorithms. The analysis explores the connection between law enforcement and legal professionals’ stated and behavioral trust. Results from three rigorous survey experiments suggest that law enforcement and legal professionals express skepticism about algorithms but demonstrate a willingness to integrate their recommendations into their own decisions and, thus, do not exhibit “algorithm aversion.” These findings suggest that there could be a tendency towards increased reliance on machine-assisted legal decision-making despite concerns about the impact of AI on the rights of criminal defendants.more » « less
-
null (Ed.)Machine Learning has become a popular tool in a variety of applications in criminal justice, including sentencing and policing. Media has brought attention to the possibility of predictive policing systems causing disparate impacts and exacerbating social injustices. However, there is little academic research on the importance of fairness in machine learning applications in policing. Although prior research has shown that machine learning models can handle some tasks efficiently, they are susceptible to replicating systemic bias of previous human decision-makers. While there is much research on fair machine learning in general, there is a need to investigate fair machine learning techniques as they pertain to the predictive policing. Therefore, we evaluate the existing publications in the field of fairness in machine learning and predictive policing to arrive at a set of standards for fair predictive policing. We also review the evaluations of ML applications in the area of criminal justice and potential techniques to improve these technologies going forward. We urge that the growing literature on fairness in ML be brought into conversation with the legal and social science concerns being raised about predictive policing. Lastly, in any area, including predictive policing, the pros and cons of the technology need to be evaluated holistically to determine whether and how the technology should be used in policing.more » « less
An official website of the United States government

