Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Entire DC Network

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith Nov 2015

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Reports

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …


Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith Jun 2015

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …


Should The American Grand Jury Survive Ferguson, Roger Fairfax Apr 2015

Should The American Grand Jury Survive Ferguson, Roger Fairfax

Articles in Law Reviews & Other Academic Journals

The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied


Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox Jan 2015

Mistaken Eyewitness Identifications In Maryland, David Aaronson, Julia Fox

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith Jan 2015

Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …


Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost Jan 2015

Learning From Our Mistakes: Using Immigration Enforcement Errors To Guide Reform, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Immigration scholars and advocates frequently criticize our immigration system for imposing severe penalties akin to (or worse than) those in the criminal justice system — such as prolonged detention and permanent exile from the United States — without providing sufficient procedural protections to minimize enforcement errors. Yet there has been relatively little scholarship examining the frequency of errors in immigration enforcement and identifying recurring causes of those errors, in part because the data is hard to find. This Article begins by canvassing some of the publicly available data on enforcement errors, which reveal that such mistakes occur too frequently to …


Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha Jan 2015

Slavery By Another Name: 'Voluntary' Immigrant Detainee Labor And The Thirteenth Amendment, Anita Sinha

Articles in Law Reviews & Other Academic Journals

During the McCarthy era, Congress passed an obscure law authorizing detained immigrants to work for a payment of one dollar a day. The government justified the provision, which was modeled after the 1949 Geneva Convention’s protections for prisoners of war, in the context of the period’s relative heightened detentions of noncitizens. Soon afterwards, the enactment of the Immigration and Nationality Act of 1952 diminished the use of detention drastically, and the practice of detainee labor lay dormant for decades. Modern changes to immigration law and its systems have rendered immigration detention today the largest mass incarceration movement in U.S. history. …