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Full-Text Articles in Law
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes
Sufficiently Safeguarded?: Competency Evaluations Of Mentally Ill Respondents In Removal Proceedings, Sarah R. Sherman-Stokes
Faculty Scholarship
In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental health evaluation or expertise. In reflecting on the protections and processes in place in the criminal justice system, and on interviews with removal defense practitioners at ten different sites across the United States, I conclude that the role of the immigration judge in mental competency determinations must be changed in order to protect the …
Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed
Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed
Faculty Scholarship
The AIDS epidemic continues to pose significant public health challenges, especially given that the spread of the virus outpaces the AIDS response.1 Importantly, HIV continues to disproportionately impact socially and economically marginalized communities. In countries with concentrated epidemics,2 it is racial minorities, sex workers, men who have sex with men, and drug users who face the brunt of the epidemic.3 In the United States, the data is startling4 : 44% of new infections were among African-Americans, and among African-Americans contracting HIV, 57% were among gay and bisexual men.5 In 2016, the CDC found that one …
Criminal Laws On Sex Work And Hiv Transmission: Mapping The Laws, Considering The Consequence, Aziza Ahmed, Sienna Baskin, Anna Forbes
Criminal Laws On Sex Work And Hiv Transmission: Mapping The Laws, Considering The Consequence, Aziza Ahmed, Sienna Baskin, Anna Forbes
Faculty Scholarship
Lawmakers historically justify the mobilization of criminal laws on prostitution and HIV as a means of controlling the spread of disease. Over time, however, public health research has conclusively demonstrated that criminal laws on prostitution and HIV significantly impede the ability of sex workers to access services and to live without the stigma and blame associated with being a transmitter of HIV. In turn, mainstream public health approaches to sex work and HIV emphasize decriminalization as a way to improve the lives of sex workers in need of care, treatment, and services. Our current legal system, which criminalizes both prostitution …