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Full-Text Articles in Law
Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman
Mass Incarceration’S Second Generation – The Unintended Victims Of The Carceral State And Thinking About Alternatives To Punishment Through Restorative Justice, Alexandra A. Hoffman
University of Miami Race & Social Justice Law Review
The evolution of the juvenile criminal court system has involved a sharp movement away from the nineteenth century “rehabilitative ideal” to today’s state of hyperincarceration and punitive policies of control. Amongst the unintended and under-recognized harms of our carceral state includes a generation of minority children growing up with imprisoned parents. This analysis spotlights the tangible effects of parental incarceration on juvenile growth and development, which creates risks for further mass incarceration. This note suggests that restorative justice may offer an alternative method of “punishment” that can work towards breaking the connection between parental incarceration and adverse life outcomes for …
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …