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Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier Apr 2022

Choosing Children: Preventing Intra-Family Conflict From Feeding The Prison Pipeline, Samantha D. Mier

Richmond Public Interest Law Review

Parents struggling to raise challenging children often lack needed community

support. These parents turn to law enforcement when they feel their

child cannot be controlled. Problematically, law enforcement officers are

trained to respond to crime, not simple parent-child domestic disputes. Thus,

when parents call police during disagreements, the argument may end in arrest

and contact with the juvenile court system. Interaction with the juvenile

justice system carries a myriad of risks. This comment outlines the risks inherent

in calling the police and entering the juvenile court system. The author

evaluates existing alternatives to calling law enforcement and recommends

that communities …

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Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd Feb 2020

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.

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Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts Jan 2020

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …

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Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg Dec 2019

Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg

University of Denver Criminal Law Review

No abstract provided.

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From Poverty To Personhood: Gideon Unchained, Ken Strutin Jan 2019

From Poverty To Personhood: Gideon Unchained, Ken Strutin

Mitchell Hamline Law Review

No abstract provided.

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The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth Jun 2015

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Akron Law Review

This article examines these issues in the context of an important and emerging constitutional challenge to the death penalty: whether the death penalty can be imposed on capital defendants who suffer from severe mental illness at the time of the commission of their crimes. The American Bar Association, the American Psychiatric Association, the American Psychological Association, and the National Alliance for the Mentally Ill all endorse a death penalty exemption for the severely mentally ill. Recent law review articles suggest that such an exemption may even be compelled by the Supreme Court’s decisions in Roper v. Simmons and Atkins v. …

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Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher Jan 2004

Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher

Journal of Criminal Law and Criminology

No abstract provided.

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God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Dec 2000

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

William & Mary Bill of Rights Journal

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …

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The Courage Of Our Convictions, Sherman J. Clark Jan 1999

The Courage Of Our Convictions, Sherman J. Clark

Michigan Law Review

This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …

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Religious Perspectives On Assisted Suicide, Cristina L.H. Traina Jan 1998

Religious Perspectives On Assisted Suicide, Cristina L.H. Traina

Journal of Criminal Law and Criminology

No abstract provided.

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Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson Jan 1995

Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson

Fordham Urban Law Journal

In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.

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Abortion Legislation: The Need For Reform, Law Review Staff Nov 1967

Abortion Legislation: The Need For Reform, Law Review Staff

Vanderbilt Law Review

Widespread national publicity and recent state legislative activity have focused a significant degree of national concern on a serious problem of public health and morals--the question of abortion.Surveys indicate that between 1,000,000 and 1,500,000 abortions take place annually--or, one abortion for every four to five pregnancies. The so-called "back-street abortionists," whether amateur or professional, each year cause the death of 5,000 to 10,000 women who are forced to seek their services. Because of the highly controversial nature of abortion, statutes attempting to deal with the problem stubbornly resist amendment despite widespread disregard of their provisions. Many hospitals permit abortions under …

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Judicial Backgrounds And Criminal Cases, Stuart S. Nagel Jan 1962

Judicial Backgrounds And Criminal Cases, Stuart S. Nagel

Journal of Criminal Law and Criminology

No abstract provided.

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The Supreme Court - October 1957 Term, Bernard Schwartz Jan 1959

The Supreme Court - October 1957 Term, Bernard Schwartz

Michigan Law Review

One of the fascinating new games being played by some law professors and others," declared an American Bar Association Journal editorial almost a decade ago, "is to compute the 'box scores' of the votes of justices of the Supreme Court in various important lines of cases."' The present article is not intended as an addition to the work of those engaged in this sort of "numbers game." However useful the statistical method may be in providing the empirical data upon which legal analysis can be based, it should be almost self-evident that its value as the key to the working …

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United States V. Hiss: Its Significance For Criminology, Robert C. Sorensen Jan 1952