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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith
Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith
Congressional and Other Testimony
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch
Notre Dame Law Review Reflection
In this Essay, we discuss how the COVID-19 pandemic has affected our understanding of constitutionally permissible punishment. We argue, first, that the protracted failure to act by those who have had authority to do so during this public health emergency created a high risk that incarcerated people would suffer severe illness—and even death—in violation of due process protections and the Eighth Amendment prohibition against cruel and unusual punishment. Second, we suggest that a changed understanding of public safety in the context of detention and release during public health emergencies has the potential to shift the framework even after the emergency …
Trauma Exposures Across The Life Course For Individuals Who Experience Incarceration, Maria Morrison
Trauma Exposures Across The Life Course For Individuals Who Experience Incarceration, Maria Morrison
Brown School Theses and Dissertations
The U.S. incarcerates more people than any other country in the world, with 2.2 million people currently behind bars, 60% of whom are people of color. At the same time, there is an unprecedented political consensus to develop strategies for reducing the incarcerated population and safely returning the majority of incarcerated individuals to society. While there has been a substantial research focus on the potential of this population to commit acts of violence post-release, this tells only half the story. This dissertation hopes to provide a more complete picture of the role of violence in the lives of individuals released …
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck
Scholarly Articles
The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …
Inside The Black Box Of Prosecutor Discretion, Megan Wright, Shima Baradaran Baughman, Christopher Robertson
Inside The Black Box Of Prosecutor Discretion, Megan Wright, Shima Baradaran Baughman, Christopher Robertson
Faculty Scholarship
In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …
How Do Arts Programs Facilitate Emotion Regulation In The Prison Setting?, Dana Parker
How Do Arts Programs Facilitate Emotion Regulation In The Prison Setting?, Dana Parker
Senior Theses and Projects
Reentry and prison arts programs provide an opportunity for rehabilitation that facilitates healthier emotion regulation (ER), relationship building, and self-esteem. To measure the effects of arts-based interventions on ER, formerly incarcerated people completed a questionnaire that included three different measures: the Cognitive Emotion Regulation Questionnaire Short-Form (CERQ-Short), the Emotion Regulation Strategies for Artistic Creative Activities (ERS-ACA), and the Self-expression and Emotion Regulation in Art Therapy Scale (SERATS). Results showed that there were significant differences between males and females on their scores on ER subscales, where women more often than men employed positive ER strategies. In support of my hypotheses, higher …
The Progressive Love Affair With The Carceral State, Kate Levine
The Progressive Love Affair With The Carceral State, Kate Levine
Faculty Articles
A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.
The Pandemic's Impact On The Efficacy Of Chaplaincy At The Baldwin State Prison, John Gomez
The Pandemic's Impact On The Efficacy Of Chaplaincy At The Baldwin State Prison, John Gomez
Doctoral Dissertations and Projects
Chaplains usually provide pastoral care for inmates, staff members, and counseling for offenders and offenders’ families. Because of the pandemic, they have not provided adequate pastoral care and counseling in their respective facilities. The restrictions imposed by the pandemic have negatively impacted the chaplain’s ability to adequately provide pastoral care and counseling in most federal and state correctional institutions. The Department of Georgia Correctional facilities, particularly at the Baldwin State prison, has also experienced this decrease in pastoral care and counseling due to the pandemic. In the Georgia Department of Corrections, all visitations, including lawyers and clergy, have been suspended …
Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig
Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig
University of Miami Law Review
In this essay, the author argues that federal, state and local government response to the COVID-19 epidemic in prisons and jails was largely incompetent, inhumane, and contrary to sound public health policy, resulting in preventable death and suffering for both incarcerated people and corrections staff. However, the lessons learned from these failures provide a roadmap for policy priorities and legal reform in our ongoing need to decarcerate and end the era of mass incarceration, including: (1) rolling back extreme sentences, recalibrating sentences generally and providing for “second look” mechanisms to those currently serving sentences beyond 10 years; (2) ensuring that …
Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson
Inside The Black Box Of Prosecutor Discretion, Megan S. Wright, Shima Baradaran Baughman, Christopher Robertson
Journal Articles
In their charging and bargaining decisions, prosecutors have unparalleled and nearly-unchecked discretion that leads to incarceration or freedom for millions of Americans each year. More than courts, legislators, or any other justice system player, in the aggregate prosecutors’ choices are the key drivers of outcomes, whether the rates of mass incarceration or the degree of racial disparities in justice. To date, there is precious little empirical research on how prosecutors exercise their breathtaking discretion. We do not know whether they consistently charge like cases alike or whether crime is in the eye of the beholder. We do not know what …
Reimagining Public Safety, Brandon Hasbrouck
Reimagining Public Safety, Brandon Hasbrouck
Scholarly Articles
In the aftermath of George Floyd’s murder, abolitionists were repeatedly asked to explain what they meant by “abolish the police”—the idea so seemingly foreign that its literal meaning evaded interviewers. The narrative rapidly turned to the abolitionists’ secondary proposals, as interviewers quickly jettisoned the idea of literally abolishing the police. What the incredulous journalists failed to see was that abolishing police and prisons is not aimed merely at eliminating the collateral consequences of other social ills. Abolitionists seek to build a society in which policing and incarceration are unnecessary. Rather than a society without a means of protecting public safety, …
Covid, Care, And The Carceral State: American Disposability Politics And The Selective Weaponization Of Public Health Guidelines During Covid-19, Uma Nagarajan-Swenson
Covid, Care, And The Carceral State: American Disposability Politics And The Selective Weaponization Of Public Health Guidelines During Covid-19, Uma Nagarajan-Swenson
Scripps Senior Theses
This thesis examines the American state's role in addressing the COVID-19 pandemic and its impact on marginalized communities, arguing that the state used the frame of disposability politics to justify expanding its carceral capacities and withdrawing as a provider of welfare during the pandemic.
The Evolution Of Life Sentences For Second-Degree Murder: Parole Ineligibility And Time Spent In Prison, Debra Parkes, Jane Sprott, Isabel Grant
The Evolution Of Life Sentences For Second-Degree Murder: Parole Ineligibility And Time Spent In Prison, Debra Parkes, Jane Sprott, Isabel Grant
All Faculty Publications
Canada's murder sentencing regime has been in effect since 1976, and yet very little data has examined what these sentences actually mean for those convicted. This paper begins to fill this gap by examining the meaning of a life sentence for those convicted of second degree murder in Canada. Using data provided by the Correctional Investigator, we examine both the parole ineligibility periods imposed by sentencing judges, and how long people are serving before a grant of full parole over time from 1977 to 2020. We found statistically significant increases over time in both judicial parole ineligibility periods, and in …
Parental Incarceration And Stigma: A Qualitative Content Analysis Of Children's Books, Samantha Nguyen
Parental Incarceration And Stigma: A Qualitative Content Analysis Of Children's Books, Samantha Nguyen
Theses and Dissertations (Comprehensive)
Children of parental incarceration are often forgotten victims and have been noted to experience collateral consequences such as stigma, poor mental health, and isolation. Since children are often forgotten, there is a lack of information regarding their experiences, what resources are available to them, and whether or not these resources intended to be beneficial. One of the resources that are available to children, caregivers, and other adults are children’s books regarding parental incarceration. To determine whether or not these children's books act as a guide, this study examined the content and illustrations of 19 children’s books on parental incarceration. The …