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A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero May 2015

A Meditation On Moncrieffe: On Marijuana, Misdemeanants, And Migration, Victor C. Romero

Victor C. Romero

This essay is a brief meditation on the immigration schizophrenia in our law and legal culture through the lens of the Supreme Court’s latest statement on immigration and crime, Moncrieffe v. Holder. While hailed as a “common sense” decision, Moncrieffe is a rather narrow ruling that does little to change the law regarding aggravated felonies or the ways in which class and citizenship play into the enforcement of minor drug crimes and their deportation consequences. Despite broad agreement on the Court, the Moncrieffe opinion still leaves the discretion to deport minor state drug offenders in the hands of the federal …


Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie M. Reid Dec 2014

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie M. Reid

Melanie M. Reid

On July 8, 2013, 30,000 prisoners in California joined a hunger strike organized by gang members kept in Pelican Bay’s Security Housing Unit and argued that solitary confinement constituted cruel and unusual punishment. As a result of his confinement, one inmate involved in the hunger strike stated that he felt as if all his ties to humanity had been severed. Every country, in some form or another, imprisons and isolates individuals for two common reasons: to punish or to protect society from the person’s anticipated future conduct. This article examines the relationship between crime and punishment and evaluates the four …


The Criminalization Of Walking, Michael Lewyn Dec 2014

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

Because walking improves human health and reduces pollution, one might think that the law should encourage walking and discourage driving But in fact, criminal law sometimes punishes walkers, in two major respects. First, state and city laws against something often referred to as “jaywalking” limit walkers’ ability to cross streets. As a result of these laws, police can fine (and even arrest) walkers. Second, bureaucrats and police sometimes interpret child neglect laws to mean that preteen children may never walk on their own, and have sometimes arrested child pedestrians' parents or sought to place the children in state care. This …