Implicit Racial Bias
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
From the introduction: “Although the Fourth Amendment grants the Supreme Court power over searches and seizures, it would be unrealistic to turn to the Court for help. In theory, the Fourth Amendment exclusionary rule shapes future police behavior by excluding evidence from trials if the police obtained it unlawfully. However, when it comes to racial…
From the conclusion” “Conclusion There is no question that the statistical picture of special education is bleak. But after its meeting of stakeholders, interviews with experts, and review of the research, NCD believes that IDEA and other related disability laws, with improved enforcement, can and should benefit at-risk students who are properly referred and served.…
From the introduction: “Youth justice advocates, including lawyers, organizers, and other youth and adult movement builders, want to replace the current damaging, discriminatory, and ineffective juvenile and criminal legal systems1 with better approaches. We envision approaches that support children, help them f lourish, and contribute to a safe, equitable, and healthy community. How do we…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
This research report by the NAACP Legal Defense Fund provides an in-depth overview of the “At-Risk Youth Program” created by the Pasco County Sheriff’s Office in Tampa Bay, Florida. The Pasco County sheriff’s office relied on a “rudimentary, person-based predictive policing system” based on inherently biased criteria to identify young people who were “destined to…
The Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
From the introduction: “Imagine you’re a student with a disability that impacts how you interact with others and process situations. In an instant, that disability may be criminalized, and you could find yourself thrust into a juvenile justice system that offers little support and few education resources. This scenario is all too common. Thousands of…
From the executive summary: “On April 21, 2021, the Department of Justice opened a pattern or practice investigation of the Minneapolis Police Department (MPD) and the City of Minneapolis. By then, Derek Chauvin had been convicted in state court for the tragic murder of George Floyd in 2020. In the years before, shootings by other…
From the introduction: “A growing body of literature has demonstrated that when schools suspend students, the suspension acts not as a deterrent but as an amplifier of future punishment. Labeling theory has emerged as the predominant explanation for this phenomenon, suggesting that the symbolic label conferred along with a suspension shapes how other people perceive…
From the abstract: “Drawing from legal pedagogy, litigation practice, and teaching experience, this article seeks to compile a set of key considerations for inclusive language decision-making in the clinical setting. Using a multi-factor framework—accuracy, precision, relevance, audience, and respect—this analysis explores the process for deciding on terms to use in practice and the potential implications…
This expert report analyzes the presence of racial bias in a police encounter with Black teenage girls in Colorado. The report utilizes research on implicit racial bias, stereotype threat, adultification, and policing as trauma in its analysis of the facts of the case.
From the introduction: “This brief offers context on the youth criminalization crisis in the United States. We then outline a series of harmful elements in the Bipartisan Safer Communities Act. Specifically, we review provisions that: • Increase funding for threat assessments, surveillance, and greater police presence in schools; • Expand data-sharing between law enforcement and…
The Washington Supreme Court ruled the trial court was required to consider an accused person’s race and ethnicity in the totality of the circumstances when determining whether a person was “seized” in Washington state constitution’s prohibition against unlawful seizure. The court offered the following language in support: As noted above, the article I, section 7…
The New York Supreme Court Appellate Division reversed the guilty plea and conviction of Mr. Thorne after the court denied his motion to suppress, finding that the arresting officers lacked requisite reasonable suspicion to stop him. The Court, citing several inconsistencies in the radio description of the assailant compared to Mr. Thorne, offered the following language in support: “The officers did not have reasonable…
From the introduction: “This Essay centers disability as a lens for analysis in Fourth Amendment jurisprudence. This Essay discusses the ways in which disability mediates interactions with law enforcement and how Fourth Amendment doctrine renders disabled people vulnerable to police intrusions and police violence. More specifically, this Essay critiques the Terry doctrine, consensual encounters, consent…
From the introduction: “One of our goals in producing this report is to inform school administrators, board members, and parent and student stakeholders, giving details about which groups of students are disproportionately arrested and about the gaps that exist in data reporting. We also want to provide guidance on how to address these issues. We…
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…
From the abstract: “Despite the promise of Gideon, providing “the guiding hand of counsel” to indigent defendants remains unmanageable, largely because the nation’s public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defenders must engage in triage, deciding which cases deserve attention and which do not. Although scholars have…
