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Criminal Law

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Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz Sep 2019

Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.

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Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Dec 2015

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

David C. Brown

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …

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Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins Dec 2013

Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira P. Robbins

Ira P. Robbins

Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …

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Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel Jan 2011

Imprisoning Rationalities, Eileen Baldry, David Brown, Mark Brown, Chris Cunneen, Melanie Schwartz, Alex Steel

Alex Steel

Imprisonment is a growth industry in Australia. Over the past 30-40 years all state and territory jurisdictions have registered massive rises in both the absolute numbers of those imprisoned and the per capita use of imprisonment as a tool of punishment and control. Yet over this period there has been surprisingly little criminological attention to the national picture of imprisonment in Australia and to understanding jurisdictional variation, change and continuity in broader theoretical terms. This article reports initial findings from the Australian Prisons Project, a multi-investigator Australian Research Council funded project intended to trace penal developments in Australia since about …

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On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held Jan 2009

On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held

Reid G. Fontaine

A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …

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Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins Dec 1998

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …

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Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins Mar 1987

Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins

Ira P. Robbins

No abstract provided.

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Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins Jan 1981

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins

Ira P. Robbins

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

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