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University of Michigan Law School

Michigan Law Review First Impressions

Law Enforcement and Corrections

Punishment

Articles 1 - 3 of 3

Full-Text Articles in Law

A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore Jan 2007

A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore

Michigan Law Review First Impressions

Pay-to-stay jails expose the moral tension between the dominant theories of punishment: retributivism and deterrence. A turn to a third major moral theory—virtue ethics—resolves this tension. According to virtue ethics, the moral worth of an action follows from both the character of the action and the disposition of the actor. Virtuous acts promote human flourishing— the central goal of life—when they are the right actions performed for the right reasons. The virtue ethics theory of punishment suggests that pay-to-stay jails conflict with the promotion of human flourishing. A virtuous state’s criminal justice system would not include ...


Government Entrepreneurship: How Cop, Direct Supervision, And A Business Plan Helped To Solve Santa Ana's Crime Problems, Paul M. Walters, Russell Davis Jan 2007

Government Entrepreneurship: How Cop, Direct Supervision, And A Business Plan Helped To Solve Santa Ana's Crime Problems, Paul M. Walters, Russell Davis

Michigan Law Review First Impressions

Much has been written about Community Oriented Policing for police agencies and about the Direct Supervision concept for jail operations. Each strategy is at the cutting edge of its respective discipline. This Commentary describes how the progressive City of Santa Ana implemented both strategies— along with a visionary business plan to operate its jail at minimal cost—to combat crime successfully. The City’s business plan relies on entrepreneurship that is too often lacking in government programs. This approach has led to a number of innovations in law enforcement, corrections, and government service. Pay-to-Stay programs provide yet another example of ...


Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg Jan 2007

Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg

Michigan Law Review First Impressions

The website of the Santa Ana, California-version of Pay-to-Stay uses hotelier-type verbiage in describing features of its alternative jail program. It tells us that the jail “is pleased to host a full range of alternatives to traditional incarceration”; it reassures prospective “clients” seeking flexible work/jail schedules (“Work on Saturday or Sunday? No problem, your weekend days are our weekend days.”); it guarantees “24-hour on-site medical staff”; it accommodates inmates near and far (“We have helped clients with sentences from other counties as well as other states.”); and it generally brags that the jail “is the most modern and comfortable ...