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Jury and Sentencing

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Title Published Date Author
Equal Standards for Equal Protection: Revisiting Race Discrimination in Jury Selection after SFFA 10 August 2025 Avital Fried
Preventing Violence Against Gay Men and Lesbians: Should Enhanced Penalties at Sentencing Extend to Bias Crimes Based on Victims' Sexual Orientation? 29 June 2025 Teresa Eileen Kibelstis
Who's on Your Jury? International Attempts at Increasing Impartiality and Decreasing Racial Bias in Jury Selection 28 June 2025 Kelley O'Donnell
Linguistic Bias in Jury Selection: A Focus on African American English 01 January 2025 Matthew Champagne
First Twelve in the Box: Implicit Bias Driving the Peremptory Challenge to the Point of Extinction 27 August 2024 Colleen P. Graffy, Harry M. Caldwell and Gautam K. Sood
The Ineffectiveness of the Batson Challenge: Texas' Struggle with Racial Discrimination in Jury Selection and Paths to Reform 20 July 2024 Nisa R. Sheikh
The First Black Jurors and the Integration of the American Jury 11 July 2024 Thomas Ward Frampton
The End of Batson? Rulemaking, Race, and Criminal Procedure Reform 30 March 2024 Thomas Ward Frampton and Brandon Charles Osowski
Demography of the Legal Profession and Racial Disparities in Sentencing 02 February 2024 Ryan D. King, Kecia R. Johnson and Kelly McGeever
White Mock Jurors' Moral Emotional Responses to Viewing Female Victim Photographs Depend on the Victim's Race 31 January 2024 Hannah J. Phalen, Jessica M. Salerno, Madison Adamoli and Janice Nadler
The Intractable Problem: Implicit Juror Bias 09 January 2024 Anna Roberts
It's All in Your Head: A Legal Analysis of Juror Bias Against Mentally Ill Criminal Defendants and How Defense Attorneys Can Mitigate it 31 December 2023 Keri S. Turner
Race, Peremptory Challenges, and State Courts: A Blueprint for Change 11 December 2023 Nancy S. Marder
Sentencing Members of Minority Groups: Problems and Prospects for Improvement in Four Countries 28 November 2023 Julian V. Roberts, Gabrielle Watson and Rhys Hester
A History of Exclusion: “For Cause” Challenges and Black Jurors 07 June 2023 Lauren Kingsbeck
The Truth about Truth in Sentencing 01 June 2023 David Louis Raybin
Black Jurors Matter: Why the Law must Protect Minorities' Right to Judge 08 May 2023 Rachel Kunjummen Paulose
Not up for Deliberation: Expanding the Peña-Rodriguez Protection to Cover Jury Bias Against LGBTQ+ Individuals 30 April 2023 Brett V. Ries
The Trial Tax and the Intersection of Race/ethnicity, Gender, and Age in Criminal Court Sentencing 28 April 2023 Peter S. Lehmann
The Influence of Race on Jurors' Perceptions of Lethal Police Use of Force 28 April 2023 Logan Ewanation and Evelyn M. Maeder
Does “Jamal” Receive a Harsher Sentence than “James”? First-name Bias in the Criminal Sentencing of Black Men 05 April 2023 Dushiyanthini(Toni) Kenthirarajah, Nicholas P. Camp, Gregory M. Walton, Aaron C. Kay and Geoffrey L. Cohen
Black Lives Matter in the Jury Box: Abolishing the Peremptory Strike 03 December 2022 Payton Pope
Further Punishing the Vulnerable: Why Home Confinement Is Superior to Solitary Confinement in a Pandemic Situation 27 November 2022 Loveleen Singh
Batson Fails Again: How the Resurgence of Black Lives Matter Highlights the Ease of Bypassing the Race-Neutral Requirement and Proposed Modifications to Refine the Standard 06 November 2022 Linette A. Duluc
How Free Is Free Speech: Media Bias, Pretrial Publicity, and Defendants' Need for a Universal Appellate Rule to Combat Prejudiced Juries 02 November 2022 Haley Loquercio
Where Black Lives Matter Less: Understanding the Impact of Black Victims on Sentencing Outcomes in Texas Capital Murder Cases from 1973 to 2018 14 October 2022 Jelani Jefferson Exum and David Niven
Walking a Mile in Their Shoes Before Judging: Optimizing Judicial Empathy in the Criminal Sentencing of Black Americans with “Impact of Race and Culture Assessments” 09 October 2022 Kylee Gomez
Criminal Stereotypes of Muslim and Arab Americans and the Impact on Evaluations of Ambiguous Criminal Evidence 06 October 2022 Joseph J. Avery, DongWon Oh, Lauren Feldman, Reuven Cooper and Joel Cooper
Modern Sentencing Mitigation 03 October 2022 John B. Meixner Jr.
The Ballad of the "White" Collar Criminal: an Examination of the Intersection of Race and Gender in Federal White-collar Sentencing and Possible Implications of the Findings 01 September 2022 Taylor Tesher
Addressing Racial Inequities in the Criminal Justice System Through a Reconstruction Sentencing Approach 15 February 2022 Jelani Jefferson Exum
Analyzing Wrongful Convictions Beyond the Traditional Canonical List of Errors, for Enduring Structural and Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies) 06 September 2021 Leona D. Jochnowitz and Tonya Kendall
Reconstruction Sentencing: Reimagining Drug Sentencing in the Aftermath of the War on Drugs 21 August 2021 Jelani Jefferson Exum
Racism, Incorporated: Ramos v. Louisiana and Jogging While Black 31 July 2021 Victor C. Romero
Deadly Bias: Why North Carolina's Legacy of Systemic Racism Within Capital Sentencing Necessitates the Reinstatement of the Racial Justice Act 11 July 2021 Laura G. Jensen
Sentencing Memoradum of Derek Chauvin for Murder of George Floyd 25 June 2021 Peter A. Cahill
A Racially Biased Obstacle Course: Apprendi Transformed the Federal Sentencing Guidelines into a Series of Judicial Obstacles; Can Shame Reduce the Racial Disparities? 21 June 2021 Kallie S. Klein and Susan R. Klein
Race-conscious Jury Selection 17 June 2021 Anna Offit
Awakening the American Jury: Did the Killing of George Floyd Alter Juror Deliberations Forever? 05 June 2021 Tamara F. Lawson
Solitary Confinement as Illegitimately Proscribed and Disproportional Punishment: Another Angle from Which to Attack the Inhumane Practice 02 June 2021 Danika Jo Anderson
Bringing Sentencing into the 21st Century: Closing the Gap Between Practice and Knowledge by Introducing Expertise into Sentencing Law 27 May 2021 Mirko Bagaric, Nick Fischer and Gabrielle Wolf
Junk Science at Sentencing 03 March 2021 Maneka Sinha
Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing 26 October 2020 Anastasia M. Boles
Have Racial and Ethnic Disparities in Sentencing Declined? 28 May 2019 Ryan D. King and Michael T. Light
The Implicit Racial Bias in Sentencing: The Next Frontier 31 December 2018 Mark W. Bennett
Excusing “Women of Circumstance”: Redefining Conspiracy Law to Hold Culpable Offenders Accountable 12 September 2018 Amanda E. Smallhorn
Slave Narratives and the Sentencing Court 05 June 2018 Lindsey Webb
Mandatory Minimum Sentencing and Black Males 03 April 2012 Edward Blakemore

 

Vernellia R. Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law
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Race, Racism and the Law
Vernellia R. Randall
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