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Full-Text Articles in Law
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
University of Massachusetts Law Review
In the decades since the 1970s there have been several movements designed to impact or alter the workings of the legal system. The most lasting and widespread of these movements has been the development and systemic incorporation of mediation or Alternative Dispute Resolution, especially in the arena of family law but also impacting community disagreements, a variety of commercial disputes, and civil cases in general. However mediation did not significantly impact the practice of criminal law. Rapid growth in the number of individuals being processed through the criminal courts during the 1980s and 1990s shifted the focus to the criminal …
The Punishment Should Fit The Crime—Not The Prior Convictions Of The Person That Committed The Crime: An Argument For Less Impact Being Accorded To Previous Convictions, Mirko Bagaric
San Diego Law Review
The seriousness of the offense is the main consideration that should determine the severity of criminal punishment. This cardinal sentencing principle is undermined by the reality that often the criminal history of the offender is the most decisive sentencing consideration. Recidivists are frequently sent to imprisonment for long periods for crimes, which, when committed by first-time offenders, are dealt with by a bond, probation, or a fine. This makes sentencing more about an individual’s profile than the harm caused by the offender and has contributed to a large increase in prison numbers. Intuitively, it feels right to punish repeat offenders …
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Touro Law Review
No abstract provided.
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
Tennessee Journal of Law and Policy
Since the mid-1970s, the United States has engaged in a "race to incarcerate" that has resulted in a prison population expanded to a level previously unknown in any democratic society. This rise in imprisonment came about primarily because of "tough on crime" policies that were intended to enhance public safety and respond to the demands of an increasingly conservative population. This record three decade increase in imprisonment has resulted in an average annual prison population rate of more than 2,000,000 people behind bars in United States jails and prisons, and that figure increases exponentially each year. During this thirty-year period, …
Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed
Ending Recidivism: How A Judicial Paradigm Shift Could Prevent Recidivism By Sex Offenders, Geoffrey S. Weed
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
University of Michigan Journal of Law Reform
As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …
Mass Incarceration And Employment, Steven Raphael
Mass Incarceration And Employment, Steven Raphael
Employment Research Newsletter
No abstract provided.