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Introduction: Symposium On Remedies For Exonerated Prisoners, Jack M. Beermann
Introduction: Symposium On Remedies For Exonerated Prisoners, Jack M. Beermann
Faculty Scholarship
Exoneration of wrongfully convicted prisoners is not a new thing, but it seems to be more common with advances in the availability and utility of DNA evidence. Given the number of exonerations that have occurred in recent years, it is increasingly difficult to dismiss inmates’ ubiquitous claims of innocence. Is it still a safe assumption that the vast majority of claims of innocence are false? Do we trust that post-conviction and appellate procedures will sort the wheat from the chaff?
Regardless of how we answer the questions raised above, there is one question society must answer—how should the wrongfully convicted …
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Journal Articles
No abstract provided.
Assessing The Relative Benefits Of Incarceration: The Overall Change Over The Previous Decades And The Benefits On The Margin, John Donohue
Assessing The Relative Benefits Of Incarceration: The Overall Change Over The Previous Decades And The Benefits On The Margin, John Donohue
John Donohue
No abstract provided.
No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric Blumenson
No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric Blumenson
Eric Blumenson
This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700,000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform policies, …
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
Law Faculty Scholarship
Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson
Kentucky Law Journal
No abstract provided.
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Scholarly Works
The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle
Labor And Employment Law: Tools For Prevention, Investigation And Discipline Of Staff Sexual Misconduct In Custodial Settings, Susan D. Carle
Susan D. Carle