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Articles 1 - 30 of 93

Full-Text Articles in Law

Constructing Recidivism Risk, Jessica M. Eaglin Jan 2017

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face ...


Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin Jan 2017

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


The Drug Court Paradigm, Jessica M. Eaglin Jan 2016

The Drug Court Paradigm, Jessica M. Eaglin

Articles by Maurer Faculty

Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement’s influence on recent sentencing policies outside the context of specialized courts.

This Article explores the broader effects of the drug court movement, arguing that it created a particular paradigm that states have adopted to manage overflowing prison populations. This drug court paradigm has proved attractive to politicians and reformers alike because it facilitates sentencing reforms for low-level ...


Booker's Ironies, Ryan W. Scott Jan 2016

Booker's Ironies, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


Improving Economic Sanctions In The States, Jessica M. Eaglin Jan 2015

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon Jan 2015

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial ...


Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla Jan 2014

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer ...


Against Neorehabilitation, Jessica M. Eaglin Jan 2013

Against Neorehabilitation, Jessica M. Eaglin

Articles by Maurer Faculty

In the face of severe budget constraints, bipartisan calls for reform, dropping crime rates, and judicial intervention, states are seriously considering and implementing criminal justice reform to manage prison populations for the first time in three decades. Scholars agree that states need a guiding theory to transform emergency and short-term reforms into a long-term shift in policy and practice away from mass incarceration. Numerous scholars advocate for a return to an improved theory of rehabilitation to guide the states in implementing such reform. This return-through neorehabilitation, or the rehabilitation of rehabilitation-centers on the use of evidence-based programming and predictive tools ...


Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin Jan 2013

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.


How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott Jan 2012

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King Jan 2011

Improving Criminal Justice: How Can We Make The American Criminal Justice System More Just?, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.


The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira Jan 2011

The Family Capital Of Capital Families: Investigating Empathic Connections Between Jurors And Defendants' Families In Death Penalty Cases, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.


Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons Jan 2004

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons

Articles by Maurer Faculty

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of ...


Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies Jan 2003

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.


Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin Jan 2003

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.


Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin Jan 2003

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to ...


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann Jan 1996

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Whose Justice? Which Victims?, Lynne N. Henderson Jan 1996

Whose Justice? Which Victims?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1995

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown Jan 1994

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.