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Articles 1 - 10 of 10
Full-Text Articles in Entire DC Network
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim
Andrew Chongseh Kim
Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state resources, …
Learning From Our Mistakes: Practical Solutions For Reducing The Rate Of Incarceration In Louisiana, Kara Larson
Learning From Our Mistakes: Practical Solutions For Reducing The Rate Of Incarceration In Louisiana, Kara Larson
Kara Larson
This article examines the causes of the high rate of incarceration in Louisiana and focuses on the societal and economic effects of such a rate. It then analyzes recent steps taken by the Louisiana legislature to address the rate of incarceration. Finally, the article concludes by offering suggestions to reduce the rate further while combating recidivism.
Investigating The College Adjustment And Transition Experiences Of Formerly Incarcerated Black Male Collegians At Predominantly White Institutions, Terrell L. Strayhorn, Royel M. Johnson, Blossom A. Barrett
Investigating The College Adjustment And Transition Experiences Of Formerly Incarcerated Black Male Collegians At Predominantly White Institutions, Terrell L. Strayhorn, Royel M. Johnson, Blossom A. Barrett
Dr. Royel M. Johnson
Much of the present research available on formerly incarcerated Black males (FIBMs) focuses primarily on their criminal experiences and subsequent effects on their personal lives, employment options, and repeat offenses. Despite the overwhelming number of Black men in the U.S. criminal justice system and the country’s goal of increasing the proportion of citizens who earn postsecondary degrees, little is known about the postsecondary adjustment and transition experiences of FIBMs. This exploratory study represents an initial attempt to address a gap in the research by centering on two questions: (a) What challenges do FIBMs face in adjusting and transitioning to college? …
A System Of Exemptions: Historicizing State Illegality In Indonesia, Robert Cribb
A System Of Exemptions: Historicizing State Illegality In Indonesia, Robert Cribb
Robert Cribb
No abstract provided.
The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan
The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan
Stéphane Mechoulan
This paper examines how the increase in the incarceration of Black men and the sex ratio imbalance it induces shape the behavior of young Black women. Combining data from the Bureau of Justice Statistics and the Current Population Survey to match male incarceration rates with individual observations over two decades, I show that Black male incarceration lowers the odds of Black non-marital teenage fertility while increasing young Black women's school attainment and early employment. These results can account for the sharp bridging of the racial gap over the 1990s for a range of socio-economic outcomes among females.
Book Review - When Brute Force Fails: How To Have Less Crime And Less Punishment, John J. Donohue
Book Review - When Brute Force Fails: How To Have Less Crime And Less Punishment, John J. Donohue
John Donohue
Two of the most dramatic social phenomena of the last half century in the United States are the substantial rise in crime that occurred during the 1960s and the equally dramatic drop in crime that began roughly contemporaneously with the advent of the Clinton Administration. The good news is that we have improved things from the violent and crime-filled days of the late 1980s and early 1990s; the bad news is that we have increased our prison population immensely in the effort. We may now be enjoying the return to the crime levels of the early 1960s, but we also …
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, …
Rearranging Deck Chairs On The Titanic: Why The Incarceration Of Individuals With Serious Mental Illness Violates Public Health, Ethical, And Constitutional Principles And Therefore Cannot Be Made Right By Piecemeal Changes To The Insanity Defense, Jennifer Bard
Jennifer Bard
The author argues that the problem of adjudicating the mentally ill who commit crimes is too large a societal issue to be resolved by refining the insanity defense. Since this is a threat to the public's health, it is fair to describe the current situation as a public health crisis. First, by not providing adequate mental health resources we create conditions in which people with mental illness find themselves in situations where due to their illness they have the opportunity to commit criminal acts which are causally related to the impairment of their thought process. Second, when people with mental …
Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, John Donohue, Peter Siegleman
Allocating Resources Among Prisons And Social Programs In The Battle Against Crime, John Donohue, Peter Siegleman
John Donohue
No abstract provided.