Lessons from the Law and Empirical Research Addressing School Segregation and Diversity

Author(s):  
Roger J.R. Levesque

This chapter presents the overall conclusion that emerges from the book, which is that empirical findings may play a role in shaping legal responses to segregation and diversity in schools, but the bulk of current research increasingly becomes irrelevant. The legal system and researchers appear to be moving in opposite directions in what they identify as problematic and what to do about it. This chapter sorts through the lessons learned about the legal system’s evaluation of empirical research. It highlights the problematic nature of legal approaches, which now focus on remaining neutral/color-blind with regard to racial disparities. It then details how the legal system can better benefit from research that addresses racial and ethnic disparities.

Author(s):  
Roger J.R. Levesque

The law does not square with people’s experiences of segregation and diversity. An empirical look at the legal system’s effectiveness in addressing school segregation reveals, from a practical perspective, that segregation persists and even surpasses levels before the civil rights movement. Yet, the legal system continues as though segregation is a thing of the past. Even more bizarre, the negative effects of racial and ethnic disparities in schooling are well documented, and the legal system compels itself to ignore much of them. To exacerbate matters, legal analysts increasingly interpret the law as a system that operates in a different world than the one documented by researchers who describe disparities and what could be done about them. For their part, researchers pervasively continue to document experiences without considering the legal system’s basic concerns. This book details the source of these gaps, evaluates their empirical and legal foundation, explains why they persist, and reveals what can be done about them.


2021 ◽  
pp. 073401682110611
Author(s):  
Maria E. Arndt

Prosecutors are granted considerable discretion, particularly for misdemeanors. The current study assesses the processing of misdemeanor driving with suspended license (DWSL) cases. Using interview and administrative data from a Florida jurisdiction, the study first examines prosecutorial attitudes about case elimination mechanisms—declination, dismissal, and diversion—then evaluates the extent to which prosecutors’ views about handling DWSL cases and racial disparities in the legal system are reflective of case processing outcomes. Results indicate prosecutors view case prioritization as important, though it is unclear how they achieve it. Despite a reluctance to decline cases when the elements of an offense are supported by evidence, prosecutors acknowledge they cannot pursue all offenses if there is only marginal public safety return. Contemporaneous administrative data show that DWSL cases were routinely pursued in 2017: nearly all DWSL cases were filed, a third were dismissed, and 11% were diverted. Regression analysis also demonstrates that prosecutors’ views on racial and ethnic disparities are somewhat aligned with the case processing decisions for DWSL cases processed in 2017. These findings are discussed in terms of their implications for prosecutorial policy, practice, and the effects of prosecutorial discretion for low-level cases on communities.


2021 ◽  
Author(s):  
Indira C. Turney ◽  
Patrick J. Lao ◽  
Miguel Arce Rentería ◽  
Kay Igwe ◽  
Joncarlos Berroa ◽  
...  

ABSTRACTINTRODUCTIONNumerous neuroimaging studies demonstrated racial and ethnic disparities in brain health at older ages. It remains unclear whether racial and ethnic disparities increase with aging and whether they are already apparent in midlife.METHODSWe investigated differences in MRI markers of aging and cerebrovascular disease in 969 participants from the Washington Heights-Inwood Columbia Aging Project (WHICAP; mean age: 75 years) and 496 participants from the Offspring study (mean age: 55 years) across race and ethnicity (white, Black, Latinx).RESULTSOlder whites had greater cortical thickness compared with Latinxs, who also had greater thickness than Blacks. Cortical thickness was similar across race in the middle-aged cohort. Regarding white matter hyperintensity (WMH) volume, Blacks had disproportionately greater WMH volume compared to both whites and Latinxs at older ages. Racial disparities are already apparent in midlife, where Blacks have disproportionately greater WMH than whites.DiscussionThese findings suggest that racial disparities in WMH volume are already apparent in midlife.


2021 ◽  
pp. 101588
Author(s):  
Chaohua Li ◽  
Megan Douglas ◽  
Rabab Zahidi ◽  
Robina Josiah Willock ◽  
Lee Caplan ◽  
...  

2020 ◽  
Vol 47 (12) ◽  
pp. 1576-1584
Author(s):  
Gina M. Vincent ◽  
Jodi L. Viljoen

As recent and historical events attest, racial and ethnic disparities are widely engrained into the justice system. Recently, scholars and policymakers have raised concerns that risk assessment instruments may exacerbate these disparities. While it is critical that risk instruments be scrutinized for racial bias, some concerns, though well-meaning, have gone beyond the evidence. This article explains what it means for an instrument to be “biased” and why instruments should not all be painted with the same brush (some will be more susceptible to bias than others). If some groups get apprehended more, those groups will score higher on non-biased, well-validated instruments derived to maximize prediction of recidivism because of mathematics. Thus, risk instruments shine a light on long-standing systemic problems of racial disparities. This article concludes with suggestions for research and for minimizing disparities by ensuring that systems use risk assessments to avoid unnecessary incarceration while allowing for structured discretion.


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