Making Sense of Misdemeanors: Fine Only Offenses in Convivial Court Rooms

2020 ◽  
Vol 63 (6) ◽  
pp. 962-977
Author(s):  
Taylor Needham ◽  
Abena Subira Mackall ◽  
Becky Pettit

This paper investigates how the complexity of and everyday interactions within the criminal legal system sow confusion about the causes and consequences of low-level misdemeanor, or fine only, legal entanglements. Drawing on data from 62 interviews with people assessed legal debt and 240 hours of ethnographic observation in courtrooms, we describe inconsistencies between the design of the criminal legal system and the organization of defendants’ lives that undermine the ability of defendants to satisfactorily or summarily resolve their legal cases. We also consider how interpersonal interactions within courts undermine the power of defendants to challenge legal authority, court norms, and established criminal legal processes. These findings illustrate a mismatch between expectations about and experiences with misdemeanor charges that place undue burden on disadvantaged defendants and highlight the scale and impact of fine only misdemeanors as a central inequality generating feature of the contemporary criminal legal system.

Author(s):  
James L. Gibson ◽  
Michael J. Nelson

Despite popular reports that the legal system is in a state of crisis with respect to its African American constituents, research on black public opinion in general is limited owing to the difficulty and expense of assembling representative samples of minorities. We suspect that the story of lagging legal legitimacy among African Americans is in fact quite a bit more nuanced than is often portrayed. In particular, black public opinion is unlikely to be uniform and homogeneous; black people most likely vary in their attitudes toward law and legal institutions. Especially significant is variability in the experiences—personal and vicarious—black people have had with legal authorities (e.g., “stop-and-frisk”), and the nature of individuals’ attachment to blacks as a group (e.g., “linked fate”). We posit that both experiences and in-group identities are commanding because they influence the ways in which black people process information, and in particular, the ways in which blacks react to the symbols of legal authority (e.g., judges’ robes).


2021 ◽  
pp. 155708512110194
Author(s):  
Allison E. Monterrosa

This study of working class, heterosexual, criminal-legal system-impacted Black women described the women’s romantic histories and current romantic relationship statuses in terms of commitment, exclusivity, and perceived quality. Using intersectional research methods, qualitative interviews were conducted with 31 Black women between the ages of 18 and 65 years who were working class, resided in Southern California, and were impacted by the criminal-legal system. Data were analyzed using an intersectional Black feminist criminological framework and findings revealed six types of relationship statuses. These relationship statuses did not live up to the women’s aspirations and yielded disparate levels of emotional and psychological strain across relationship statuses.


Author(s):  
Leigh Goodmark

This chapter addresses the question, what is justice, in the context of intimate partner violence (IPV) and examines the use of law and the legal system for the prevention of IPV revictimization (tertiary prevention). The chapter highlights the limitations of the law and criminal legal system for achieving justice for specific groups of IPV survivors, and the potential for this system cause further harm. The chapter considers alternatives to the traditional criminal legal response to IPV to secure justice and safety for IPV survivors.


Author(s):  
Elizabeth F. Loftus

This chapter describes the author’s studies of human memory and eyewitness testimony that drew her into a long involvement with the legal system. The history describes efforts on the part of lawyers and eyewitness scientists to introduce expert testimony about witness memory into legal cases. The author discusses the contamination of accurate memories due to misinformation after the fact, such as witnesses talking to one another or erroneous media, and the role of repressed memories in court cases. The chapter includes a brief description of the rocky path from early resistance to ultimate appreciation of the science and its usefulness in legal cases.


2020 ◽  
Vol 14 (4) ◽  
pp. 155798832093721
Author(s):  
Jason M. Williams ◽  
Sean K. Wilson ◽  
Carrie Bergeson

While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of Black men. While adopting a phenomenological approach alongside interviews, our findings show both race- and gender-specific outcomes for the men in our sample. For example, health and wellness appears to be a significant theme that governs their (in)ability to matriculate society. Moreover, their contact with the criminal legal system appears to exacerbate health concerns and hindrances toward reentry. Other themes include mental health and the role of masculinity. We conclude with implications on policy and future research.


2020 ◽  
Vol 110 (S1) ◽  
pp. S43-S49
Author(s):  
Catherine d. P. Duarte ◽  
Leslie Salas-Hernández ◽  
Joseph S. Griffin

Contexts ◽  
2005 ◽  
Vol 4 (3) ◽  
pp. 38-42 ◽  
Author(s):  
Lynn Chancer

A number of recent high-profile criminal cases have served as vehicles for public debates about race, gender, and class prejudice. What are the implications of these cases for the legal system and for the political activists who become involved with them?


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