CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, November 6, 2017

Tuerkheimer on Anti-Subordination

TuerkheimerDeborah Tuerkheimer (Northwestern University - Pritzker School of Law) has posted Criminal Justice and the Mattering of Lives (Michigan Law Review, Forthcoming) on SSRN. Here is the abstract:
 
James Forman's "Locking Up Our Own: Crime and Punishment in Black America" is an extraordinary book, and it arrives at a pivotal juncture for criminal justice reform. This Essay builds on Forman's rendition of "a central paradox of the African American experience: the simultaneous over- and under-policing of crime." It describes three areas in which legally marginalized groups currently struggle for state recognition of their injuries: gun violence, sexual violence, and hate crimes. It then offers a conceptual framework for future reform efforts that, by centering structural inequality, aspires to concurrently rectify the over- and under-enforcement of crime highlighted by Forman's careful work. I refer to this inversion of the traditional criminal justice paradigm as an anti-subordination approach to criminal justice — one that makes salient the interplay between crime and entrenched social inequalities while pressing for a state response that alleviates, rather than exacerbates, the disempowerment of vulnerable populations.

http://lawprofessors.typepad.com/crimprof_blog/2017/11/tuerkheimer-on-anti-subordination.html

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