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Posts in justice
The Politics of Assassination

May Contain Markup

By Murray Clark Havens, Carl Leiden & Karl M. Schmitt

Nature of Assassination: The book explores the definition, scope, andstate of knowledge on political assassinations, emphasizing their impact on political systems.

Case Studies: It includes detailed case studies of notable assassinations,such as Martin Luther King Jr., Henrik Verwoerd, and Patrice Lumumba,analyzing the assassins, conspiracies, and impacts.

Impact Analysis: The authors discuss the varying impacts of assassinations, from negligible to destructive, on political systems,personnel, and policies.

Research Challenges: The book highlights the difficulties in studying assassinations, including data collection and interpretation, and calls for further research in this area.

Prentice-Hall, 1970, 174 pages

Conflict, Corroding Social Norms, and the Kardashians: Why We Must Fix Our Flawed Definition of Criminal Culpability

By T. Markus Funk

Determining an offender’s criminal culpability is an evergreen challenge. It demands a careful blending of the offender’s moral responsibility for the crime and the offense’s identifiable harmful impacts on its individual victims and on society. Far from a mere abstract or occasional theoretical exercise, this process represents a critical iterative stage before charges can be filed, findings of legal guilt rendered, or sentences imposed.

Prosecutors, judges, and other participants in the criminal justice system manage millions of criminal cases a year. In each instance, they must grapple with the weighty responsibility of determining an offender's criminal accountability and blameworthiness. The decisions made in these deliberations have profound real-world consequences. They affect not only individual cases but also influence broader societal morality and cohesion. Indictments are issued, guilty verdicts pronounced, prison sentences handed down, and punishments justified based on these intrinsically imprecise and largely retrospective assessments.

This Article contends that the current mainstream approach to criminal culpability takes an unnecessarily narrow view. More specifically, it argues that criminal conduct involves two distinct forms of injury to the victim. One form of injury, physical or emotional harm to victims, is widely acknowledged. However, the other form, the wronging by imposing unequal standing on the victim, has been unjustly overlooked, with significant societal implications.

Our current failure to properly account for the antisocial self-elevation inherent in almost all crimes as a separate and distinct injury has significant implications. It prevents us from accurately describing the crime that was committed, the offense’s full spectrum of adverse impacts on the victim and society, or why a particular punishment is appropriate. More importantly, a justice system that fails to effectively protect our equal standing and associated legal interests virtually ensures that the erosion of the rule of law will soon follow.

Reevaluating how we define and publicly articulate criminal culpability holds the promise of positive real-world impacts. By more effectively communicating the full extent of an offender’s injury to a victim and society, we materially enhance criminal punishment’s crucial expressive, evaluative, descriptive, and conduct-directing objectives. From a systemic perspective, the proposed victim-centric approach advances the justice system’s ability to foster the equality-supporting civic bonds and shared social norms essential for a thriving society.

COLOUR, RACE AND EMPIRE

by A. G. R U S S E L.L

● Focus on Race and Colour: The document explores the social and economic implications of racial differentiation, particularly within the British Colonial Empire, emphasizing the practical importance of these issues over physical differences.

● Historical Context: It discusses the historical development of racial issues, including the impact of European expansion and the Industrial Revolution on race relations.

● Colonial Exploitation: The text highlights the economic exploitation of colonies, particularly in Africa, and the profits made by European companies at the expense of native labor.

● Educational Challenges: The document addresses the educational disparities faced by colonized peoples and critiques the Western educational system for its failure to adequately serve these populations.

London. Gollancz. 1944. 273p.

THE NEGRO FROM AFRICA TO AMERICA

By W.D. Weatherford,

Addresses the complex issue of racial adjustment and is introduced by James H. Dillard. It explores the history and progress of Black people from Africa to America, highlighting the struggles and achievements in the face of adversity. The author emphasizes the importance of mutual understanding and trust between races to overcome racial antipathy and achieve social justice. Historical Context: The book provides a detailed account of the African background, the impact of slavery, and the ongoing challenges faced by Black people in America.

NEGRO UNIVERSITIES PRESS. NEW YORK. 1924. 483p.

THE NEGRO AROUND THE WORLD

By Willard Price

THE BLACK GIRDLE. If an inhabitant of Mars could see the Earth according to the color of its peoples, he could observe a broad black sash about the World's waist. The belt of black, within which most of the 140,000,000 black people of the globe live, follows the equator and spreads about twenty degrees to the north and the same distance south. It is not quite broad enough to take in the United States ith its 11,000,000 Negroesbut all the other important groupings of blacks in the world are within this tropical belt. It includes the 11,000,000 Negroes of Central and South America and the 10,000,000 of the West Indies. Most of the 100,000,000 Negroes of Africa are found within these limits….

NY. George H. Doran Co. 1925. 69p.

Election Policy Fundamentals: The Secret Ballot [July 5, 2024]

SHANTON, KAREN L.; WOLANIN, TYLER L.

From the document: "Provisions for a secret ballot appear in all states' laws or constitutions [hyperlink]. Consensus that the ballot should be secret--that voters should not be able to be linked to their selections--is a somewhat recent development in American history. How to preserve ballot secrecy and balance it against other election objectives like promoting transparency, protecting against fraud, and ensuring accessibility for all eligible voters is also an ongoing issue, featuring in current election policy debates."

LIBRARY OF CONGRESS. CONGRESSIONAL RESEARCH SERVICE. 5 JUL, 2024 4p.

What is Antiracism? And Why It Means Anticapitalism

By Arun Kundnani

Liberals have been arguing for nearly a century that racism is fundamentally an individual problem of extremist beliefs. Responding to Nazism, thinkers like gay rights pioneer Magnus Hirschfeld and anthropologist Ruth Benedict called for teaching people, especially poor people, to be less prejudiced. Here lies the origin of today 39 liberal antiracism, from diversity training to Hollywood activism. Meanwhile, a more radical antiracism flowered in the Third World. Anticolonial revolutionaries traced racism to the broad economic and political structures of modernity. Thinkers like C.L.R. James, Claudia Jones, and Frantz Fanon showed how racism was connected to colonialism and capitalism, a perspective adopted even by Martin Luther King.Today, liberal antiracism has proven powerless against structural oppression. As Arun Kundnani demonstrates, white liberals can heroically confront their own whiteness all they want, yet these structures remain.This deeply researched and swift-moving narrative history tells the story of the two antiracisms and their fates. As neoliberalism reordered the world in the last decades of the twentieth century, the case became clear: fighting racism means striking at its capitalist roots

London: Verso, 2023. 304p.

2024 U.S. Federal Elections: The Insider Threat

UNITED STATES. CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY; UNITED STATES. FEDERAL BUREAU OF INVESTIGATION;

From the document: "The Federal Bureau of Investigation (FBI), in coordination with the Department of Homeland Security's (DHS) Office of Intelligence and Analysis (I&A), the Cybersecurity and Infrastructure Security Agency (CISA), and the U.S. Election Assistance Commission (EAC) prepared this overview to help partners defend against insider threat concerns that could materialize during the 2024 election cycle. For years, federal, state, local, and private sector partners nationwide have worked closely together to support state and local officials in safeguarding election infrastructure from cyber, physical, and insider threats. Because of these efforts, there is no evidence that malicious actors changed, altered, or deleted votes or had any impact on the outcome of elections. Over the past several years, the election infrastructure community has experienced multiple instances of election system access control compromises conducted by insider threats. While there is no evidence that malicious actors impacted election outcomes, it is important that election stakeholders at all levels are aware of the risks posed by insider threats and the steps that they can take to identify and mitigate these threats. This document outlines several recent examples of election security-related insider threats, discusses potential scenarios that could arise during the 2024 election cycle, and provides recommendations for how to mitigate the risk posed by insider threats."

UNITED STATES. ELECTION ASSISTANCE COMMISSION; UNITED STATES. DEPARTMENT OF HOMELAND SECURITY. 2024. 9p.

N*gga Theory : Language, Unequal Justice, and the Law

By Jody Armour

"Ngga Theory: Language, Unequal Justice, and the Law" by Jody Armour is a thought-provoking exploration of how language shapes perceptions within the criminal justice system. Armour delves into the complexities surrounding the use of the word "ngga" and its implications on issues of race, equality, and justice. This book challenges readers to confront uncomfortable truths about the ways in which language can perpetuate systemic inequalities in our society. With sharp analysis and compelling arguments, Armour prompts readers to reconsider the power dynamics at play in our legal system and broader social discourse. "N*gga Theory" is a timely and essential read for anyone seeking a deeper understanding of the intersection of language, race, and justice in America.

Los Angeles Review of Books, 2020, 224 pages

Preventing Firearm Suicide Among White Men Who wn Firearms in Greater Minnesota: Findings from Interviews with Firearm Owners and National Messaging Experts 

By Melissa Serafin and Anne Li

Key findings and recommendations:  Firearm owners and national experts emphasized that firearm owners themselves are the most trusted messengers, including firearm-related groups and organizations (e.g., gun shops, hunting groups, firearm safety instructors). These messengers are best suited to provide legitimacy and ensure saliency of messaging efforts. ü National experts also described the importance of actively and authentically seeking partners within the firearm-owning community to collaborate on suicide prevention efforts Frame firearm suicide prevention messaging in a way that underscores gun rights. ü Firearm owners and national experts agreed that messaging should immediately convey the legitimacy of owning firearms. ü Additionally, messaging should avoid conveying the perception of anti-gun bias, including the idea that firearm access or ownership should be restricted. ü Firearm owners and experts also emphasized the importance of considering the heterogeneity of the firearm-owning community when crafting messaging and tailoring messages accordingly. Focus on raising mental health awareness, debunking myths, and addressing stigma. ü Firearm owners and national experts identified a need to improve understanding of mental health concerns; debunk myths about suicide, mental health, and mental health services; and address stigma. Additionally, they identified a need to help people have conversations about mental health and express concerns people may have about a loved one. ü They suggested incorporating content that could improve understanding of these topics within messaging efforts. ü However, some findings indicate that this type of information needs to be carefully crafted to ensure salience, as firearm owners may not view mental health and suicide as relevant to their personal lives. Share stories of lived experience. ü Firearm owners suggested incorporating real stories related to firearm suicide, seeking mental health support, and the potential consequences of unsafe storage. Additionally, they suggested that these stories should involve people with identities that firearm owners could identify with. ü They described how storytelling may be particularly effective in ensuring messaging resonates with firearm owners and dispelling myths about mental health, suicide, and safe storage.  

St. Paul: Wilder Foundation, 2022. 41p.

Pro-Palestine US Student Protests Nearly Triple in April

HO, BIANCA; DOYLE, KIERAN

From the document: "Pro-Palestine demonstrations involving students in the United States have nearly tripled from 1 to 26 April compared with all of March, ACLED [ [Armed Conflict Location and Event Data]] data show [...]. New York has been one of the main student protest battlegrounds since the Israel-Palestine conflict flared up in and around Gaza last October, and the arrest of more than 100 students at Columbia University in New York around 18 April heralded a new wave of campus demonstrations."

ARMED CONFLICT LOCATION & EVENT DATA PROJECT. 2 MAY, 2024. 5p.

Overview of the Impact of GenAI and Deepfakes on Global Electoral Processes

CERVINI, ENZO MARIA LE FEVRE; CARRO, MARÍA VICTORIA

From the document: "Generative Artificial Intelligence's (GenAI) capacity to produce highly realistic images, videos, and text poses a significant challenge, as it can deceive viewers and consumers into accepting artificially generated content as authentic and genuine. This raises concerns about the dissemination of false information, disinformation, and its implications for public trust and democratic processes. Additionally, this phenomenon prompts critical ethical and legal inquiries, including issues surrounding the attribution of authority and accountability for the generated content. [...] This article delves into the impact of generative AI on recent and future political elections. We'll examine how deepfakes and other AI-generated content are used, along with their potential to sway voters. We'll also analyze the strategies various stakeholders are deploying to counter this growing phenomenon."

ITALIAN INSTITUTE FOR INTERNATIONAL POLITICAL STUDIES. 22 MAR, 2024. 44p.

Russia and the Far-Right: Insights From Ten European Countries

edited by Kacper Rekawek, Thomas Renard and Bàrbara Molas

Russia’s influence over far-right/ racially or ethnically motivated violent extremist (REMVE) milieus in Europe is multi-faceted and complex. It involves direct activities, such as financing or political support, as well as indirect activities, such as disinformation campaigns. In some cases, Russia was associated, albeit remotely, with some far-right violent incidents in Europe, including the alleged coup attempt by the sovereign movement Reichsburger, in Germany. Recognising the increasingly confrontational policy of Russia vis-à-vis Europe, and the growing threat from far-right extremism in Europe, this book thoroughly and systematically reviews Russia’s relationship with diverse far-right actors in ten European countries over the past decade. The countries covered in this book include Austria, The Czech Republic, France, Germany, Hungary, Italy, Poland, Serbia, Slovakia, and Sweden. The chapters are authored by some of the world’s most authoritative experts on extremism and Russian influence.

Overall, this edited volume is the first such comprehensive attempt at mapping the scope and depth of Russian influence over far-right extremism in Europe, resulting in the identification of key patterns of influence and offering some possible recommendations to counter it. This book is both a leading scholarly work, as well as a wake-up call and guide for action for European policy-makers.

Dangerous or Endangered? Race and the Politics of Youth in Urban America

by Jennifer Tilton

How do you tell the difference between a “good kid” and a “potential thug”? In Dangerous or Endangered?, Jennifer Tilton considers the ways in which children are increasingly viewed as dangerous and yet, simultaneously, as endangered and in need of protection by the state.
Tilton draws on three years of ethnographic research in Oakland, California, one of the nation’s most racially diverse cities, to examine how debates over the nature and needs of young people have fundamentally reshaped politics, transforming ideas of citizenship and the state in contemporary America. As parents and neighborhood activists have worked to save and discipline young people, they have often inadvertently reinforced privatized models of childhood and urban space, clearing the streets of children, who are encouraged to stay at home or in supervised after-school programs. Youth activists protest these attempts, demanding a right to the city and expanded rights of citizenship.
Dangerous or Endangered? pays careful attention to the intricate connections between fears of other people’s kids and fears for our own kids in order to explore the complex racial, class, and gender divides in contemporary American cities.

New York; London: NYU Press, 2010; 203p.

Critical Race Narratives: A Study of Race, Rhetoric and Injury

By Carl Gutierrez-Jones

The beating of Rodney King, the killing of Amadou Diallo, and the LAPD Rampart Scandal: these events have been interpreted by the courts, the media and the public in dramatically conflicting ways. Critical Race Narratives examines what is at stake in these conflicts and, in so doing, rethinks racial strife in the United States as a highly-charged struggle over different methods of reading and writing. Focusing in particular on the practice and theorization of narrative strategies, Gutiérrez-Jones engages many of the most influential texts in the recent race debates including The Bell Curve, America in Black and White, The Alchemy of Race and Rights, and The Mismeasure of Man. In the process, Critical Race Narratives pursues key questions posed by the texts as they work within, or against, disciplinary expectations: can critical engagements with narrative enable a more democratic dialogue regarding race? what promise does such experimentation hold for working through the traumatic legacy of racism in the United States? Throughout, Critical Race Narratives initiates a timely dialogue between race-focused narrative experiment in scholarly writing and similar work in literary texts and popular culture.

New York; London: NYU Press, 2001.

Black Rage Confronts the Law

By Paul Harris

In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense.

In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home.

Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.

New York; London: NYU Press, 1996. 306p.

Whitewashed: America’s Invisible Middle Eastern Minority

By John Tehranian

Middle Easterners: Sometimes White, Sometimes Not - an article by John Tehranian
The Middle Eastern question lies at the heart of the most pressing issues of our time: the war in Iraq and on terrorism, the growing tension between preservation of our national security and protection of our civil rights, and the debate over immigration, assimilation, and our national identity. Yet paradoxically, little attention is focused on our domestic Middle Eastern population and its place in American society. Unlike many other racial minorities in our country, Middle Eastern Americans have faced rising, rather than diminishing, degrees of discrimination over time; a fact highlighted by recent targeted immigration policies, racial profiling, a war on terrorism with a decided racialist bent, and growing rates of job discrimination and hate crime. Oddly enough, however, Middle Eastern Americans are not even considered a minority in official government data. Instead, they are deemed white by law.
In Whitewashed, John Tehranian combines his own personal experiences as an Iranian American with an expert’s analysis of current events, legal trends, and critical theory to analyze this bizarre Catch-22 of Middle Eastern racial classification. He explains how American constructions of Middle Eastern racial identity have changed over the last two centuries, paying particular attention to the shift in perceptions of the Middle Easterner from friendly foreigner to enemy alien, a trend accelerated by the tragic events of 9/11. Focusing on the contemporary immigration debate, the war on terrorism, media portrayals of Middle Easterners, and the processes of creating racial stereotypes, Tehranian argues that, despite its many successes, the modern civil rights movement has not done enough to protect the liberties of Middle Eastern Americans.
By following how concepts of whiteness have transformed over time, Whitewashed forces readers to rethink and question some of their most deeply held assumptions about race in American society.

New York; London: NYU Press, 2008. 250p.

The Ominous Sound of Keys: Enabling Sexual Assaults in Prisons

By Amos N. GuioraAnna M. Hall and Zev Gorfinkle

When incarcerated for crimes for which they have been convicted, prisoners do not expect to be raped by those entrusted with their care, nor to be abandoned by those who have the power and authority to help. But that is what is happening in jails and prisons across the United States. Sexual assault in female correctional institutions in the U.S. costs an estimated $1 billion per year. The sexual abuse of female inmates at Federal Correctional Institute (FCI) Dublin has been extensive, pervasive, and well-known and documented since the mid-1990’s. This article, based on extensive interactions with former inmates, psychologists, guards, and Bureau of Prison officials will take the reader into FCI Dublin. A “content warning” applies as the article contains accounts of sexual assault and sexual abuse. Through the voices of survivors, prison officials and psychologists the reader will understand how the system failed some of the most vulnerable members of our society. On their behalf, and those that suffer a similar fate, we present the argument for Congress to pass federal legislation criminalizing enablers whose role in these terrible crimes demands holding them accountable.

60 Crim. L. Bull. (forthcoming 2024)

University of Utah College of Law Research Paper Forthcoming

Barred from Work: The Discriminatory Impacts of Criminal Background Checks in Employment

By  Rachel M. Kleinman and Sandhya Kajeepeta

In the United States, any arrest or conviction may come with a life sentence. While this sentence may not be served in prison, it is served in exile from the rights and opportunities afforded to other individuals, including the opportunity to be employed. And, due to the racially discriminatory underpinnings of our criminal legal system, those sentenced to a life of collateral consequences are disproportionately Black. Facing barriers to entering the workforce is but one of many collateral consequences of this country’s system of incarceration, all of which work in tandem to rob Black people of fair opportunity and full citizenship. Formerly incarcerated people and their families are forced into a “second-class citizenship” where they face lifelong racial stigmatization and legalized discrimination. These second-class citizens face barriers to voting and full participation in our electoral system. They are also often excluded from access to public benefits, housing, and credit, including student loans, and may be barred from adopting a child or running for public office. This second-class citizenship is strikingly evident in the employment space, where people with records are stigmatized, legally excluded from multiple professions due to state and local licensing schemes, and excluded from hiring opportunities by both public and private employers because of overly broad policies banning applicants with criminal records.

New York: NAACP Legal Defense Fund and Educational Fund, Thurgood Marshall Institute, 2023. 20p.

Our Girls, Our Future: Investing in Opportunity and Reducing Reliance on the Criminal Justice System in Baltimore

By Cara McClellan with data analysis by Megan Gall

Across the country, large numbers of Black students are pushed out of the classroom and into the juvenile or criminal justice system through the school-to-prison pipeline. National data on school-based arrests and referrals to law enforcement reveals that Black and Latinx students are disproportionately targeted for harsh punishment. Moreover, national data shows that Black girls are the fastest-growing demographic affected by school discipline, arrests, and referrals to the juvenile justice system. For Black girls, the pathways to the juvenile justice system disproportionately involve unaddressed social-emotional needs at school. Despite this reality, students’ educational experiences are often left out of conversations about juvenile or criminal justice reform—in particular, the experiences of Black girls in schools. Baltimore is beginning a substantial effort to reform policing and its criminal justice system. Still, the experiences of Black girls in Baltimore City Public School System (“BCPSS”)—and the pathways that lead to their involvement with the justice systems—have been largely overlooked in this process.

New York: NAACP Legal Defense and Educational Fund, Thurgood Marshall Institute, 2024. 48p.