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Articles 1 - 30 of 222
Full-Text Articles in Law
Expanding The Role Of Victim-Offender Mediation In The Criminal Justice System: Mediating Cases Of Involuntary Manslaughter, Doyeon Kim
Pepperdine Dispute Resolution Law Journal
Involuntary manslaughter is distinguishable from other types of murder by the perpetrator’s lack of intent to kill. This lack of intent suggests that restorative justice programs, specifically victim-offender mediation, may be a better alternative compared to the traditional adversarial criminal justice system because offenders can express their remorse and victims can receive closure through a facilitated dialogue. Limiting the scope of remedies in criminal proceedings to incarceration has led to serious financial and societal ramifications, as well as harmful psychological and emotional repercussions by failing to address the underlying lasting impacts of crime on victims, offenders, loved ones, and the …
The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams
The Failures Of The United States Justice System, Barry Nash, James Hall, Joseph Harris, Jalyn Williams
ENGL 1102 Showcase
This is a compilation of research papers written under a common theme of United States Justice System Failures. This was done for an assignment in an English 1102 class.
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
Considering Caretakers: An Explicit Argument For Downward Departures During Federal Sentencing Mitigation For Caretakers Of Children, Danielle Sparber Bukacheski
University of Miami Law Review
The sentencing stage of the federal legal system provides defendants with an opportunity to articulate why the sentencing judge is justified in imposing less severe sentences. Yet, under the Federal Sentencing Guidelines, sentencing judges have been restricted in the characteristics and background information that can be utilized when imposing a downward departure from the recommended Guidelines sentence. More specifically, there is great variability regarding the extent to which family-related circumstances can be utilized as justification for a downward departure due to the Sentencing Commission’s ambiguous language. Considering the damaging effects of incarceration on children when a caretaker is physically removed …
A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams
A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams
Dickinson Law Review (2017-Present)
“Second look” sentencing laws allow incarcerated individuals to petition to have their sentences reexamined and potentially reduced after they have served a significant period of incarceration. This rehabilitative relief is conditioned upon an offender showing that they have made meaningful positive changes while incarcerated and would not pose a threat to their community if released. Implementing second look laws is particularly appropriate in the context of offenders who have committed crimes as juveniles. The U.S. Supreme Court has recognized that juvenile offenders are less culpable than their adult counterparts and psychological science supports this conclusion. This Comment examines and compares …
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Toward A Better Criminal Legal System: Improving Prisons, Prosecution, And Criminal Defense, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris
Articles
During the Fall 2023 semester, 15 law (Outside) students from the University of Pittsburgh School of Law and 13 incarcerated (Inside) students from the State Correctional Institution – Greene, in Waynesburg, Pennsylvania, took a full semester class together called Issues in Criminal Justice and Law. The class, occurring each week at the prison, utilized the Inside-Out Prison Exchange pedagogy, and was facilitated by Professor David Harris. Subjects include the purposes of prison, addressing crime, the criminal legal system and race, and issues surrounding victims and survivors of crime. The course culminated in a Group Project; under the heading “improving the …
California Assembly Bill 3121’S Claim For Black Redress: The Case For A State Truth And Reconciliation Commission And Housing Vouchers, Jessica Robertson
California Assembly Bill 3121’S Claim For Black Redress: The Case For A State Truth And Reconciliation Commission And Housing Vouchers, Jessica Robertson
San Diego Law Review
On September 30, 2020, Assembly Bill 3121 (AB 3121) established the Task Force to Study and Develop Reparation Proposals for African Americans (Task Force). AB 3121 charges the Task Force with three duties: (1) identify and synthesize evidentiary documentation of “[t]he institution of slavery . . . that existed within the United States and the colonies that became the United States from 1619 to 1865, inclusive”; (2) recommend ways to educate the public of its findings; and (3) recommend “appropriate remedies in consideration of the task force’s findings on the matters described in this section.” Per these duties, the Task …
Mentoring Programs: An Answer To The Cultural & Social Challenge Of Juvenile Rehabilitation, Isaiah Franqui
Mentoring Programs: An Answer To The Cultural & Social Challenge Of Juvenile Rehabilitation, Isaiah Franqui
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The juvenile delinquency epidemic in the United States has been approached using many methods. This paper is an attempt to showcase one method that is often glanced over, but may provide the best solution yet. A new promising outlook for the overall well-being of juveniles within the criminal justice system is the formation of mentoring programs. These programs connect at-risk youth and/or current juvenile delinquents to a mentor who, in turn, can help shift the direction of their lives. They often take place within community centers throughout the day and can present themselves in a number of different methods. Through …
Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins
Moving Away From Masking Pain: A Need For Modernization In Pain Management, Tori Collins
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
Washington Law Review
For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …
Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage
Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage
Student Published Works
Elements of perceived control are associated with recidivism in offender populations. We investigated the application of locus of control to the frequency of personal involvement with the law and to beliefs surrounding the likelihood of future contact with the legal system. We hypothesized that, as the number of sentencings or legal experiences increased, locus of control would externalize. We also predicted that increased legal involvement would lead to greater belief in the likelihood of future involvement. A statistically significant path model suggests that locus of control appears to be a predictor of increased criminality, as opposed to the other way …
Bad Acts, Worse Responses: Reconsidering The Moral Foundations Of The Us Criminal Justice System, Christian N. Futch
Bad Acts, Worse Responses: Reconsidering The Moral Foundations Of The Us Criminal Justice System, Christian N. Futch
Honors College Theses
The purpose of this paper is to evaluate the contemporary criminal justice system in the United States, offering moral and pragmatic critiques to its current construction, and proposing an alternative construction that is both more successful pragmatically and morally. In this paper, I first establish the connection between morality and the law through the consideration of jurisprudential theories of law. After arguing for this connection, I then offer critiques of the current criminal justice system in the United States. After this, I evaluate the four general theories of punishment using the scholarship of Thom Brooks, finding that retributive and deterrent …
“Incorrigibility Is Inconsistent With Youth”: The Supreme Court’S Missed Opportunity To Cure The Contradiction Implicit In Discretionary Jlwop Sentencing, Ana Ionescu
University of Miami Law Review
The juvenile life without parole (“JLWOP”) caselaw is based in part on the science underlying adolescent brain development. Numerous research studies have examined the behaviors and brain processes of adolescents. Courts have relied on these findings in reaching some of its most important decisions affecting juveniles implicated in the criminal justice system. The latest of those decisions came in 2021 with the Jones v. Mississippi case before the United States Supreme Court. The Court held that a sentencing court is not required to make a specific finding of permanent incorrigibility before sentencing the juvenile defendant to life without parole. This …
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Introduction to Research Methods RSCH 202
Singapore's juvenile recidivism rate has climbed by around 5% since 2013, putting the country at risk of increased youth crime. With several mandatory rehabilitative programmes classified into two categories, Community-Based Rehabilitation (CBR) and Institutional-Based Rehabilitation (IBR), it is unclear whether the mandatory individual rehabilitative programmes for offenders were actually effective in achieving their corrective goals. This proposal would undertake a regression analysis to compare the effectiveness of CBR and IBR programmes utilizing secondary data gathered by the Ministry of Social and Family Development (MSF) and primary data from a survey. The survey will provide previously unstudied insights into the offender's …
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
Honors Theses
Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …
U.S. Prisons And System Reform, Darian Reimels
U.S. Prisons And System Reform, Darian Reimels
English Department: Research for Change - Wicked Problems in Our World
Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa
Dickinson Law Review (2017-Present)
Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …
Conditional Release A Comparative Study Between The Egyptian, The Uae, And The French Laws, Ahmed Farooq Zaher
Conditional Release A Comparative Study Between The Egyptian, The Uae, And The French Laws, Ahmed Farooq Zaher
UAEU Law Journal
The rehabilitation of the convicted person is the goal every punitive system seeks to combat criminal phenomenon and prevent its recurrence, Conditional Release is a means available to the community to achieve this goal, which urges convicted on good behavior inside the prison, hoping to shorten the deprivation of liberty and punitive treatment necessary, especially during the remaining period of the sentence in order to avoid the negative effects of the sudden transition from deprivation to restrict freedom and help them reintegrate the society. However, these objectives will not be achieved unless the legal regulation of parole has some flexibility …
9/11 Impacts On Muslims In Prison, Spearit
9/11 Impacts On Muslims In Prison, Spearit
Articles
This essay is part of a volume that reflects on the 20-year anniversary of the attacks of September 11, 2001. The work examines the impacts this event had on the management of Muslims in prison. Soon after the attacks, the culture war against Muslims in the United States began to seep into prisons, where Muslims faced heightened levels of Islamophobia, which cut across several areas of existence: the ability to access religious literature, religious leaders, and paraphernalia, in addition to the federal creation of Communication Management Units. There was also heightened hysteria about the idea of Muslim radicalization in prison, …
Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar
Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar
VA Engage Journal
The United States has the highest rate of incarceration in the world. Even though the rate of crime is dropping, incarceration rates remain fairly steady. What’s more, recidivism (i.e., re-offending after conviction for other crimes) is also very high in the US. If offenders continue to offend, even after completing their sentences in a correctional system designed to address their underlying criminal activity, what is the point of having such a system? Can the system be made more accountable and better? Have we considered all the options for criminal reform? This article explores these questions using effective rehabilitation principles to …
Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué
Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué
Dissertations, Theses, and Capstone Projects
Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
St. Mary's Law Journal
The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski
University of the District of Columbia Law Review
The Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and …
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori
Touro Law Review
No abstract provided.
Previously Incarcerated Individuals’ Perceptions Of Decision-Making Leading To Their Solitary Confinement, Rita Pavone
Previously Incarcerated Individuals’ Perceptions Of Decision-Making Leading To Their Solitary Confinement, Rita Pavone
Walden Dissertations and Doctoral Studies
This study explored the issue of communication in prison systems in conjunction with an overextended utilization of isolation confinement methods. Using Sexton’s conceptualization of the penal subjective consciousness model as a guide, the purpose of this phenomenological study was to better understand the experiences of confined offenders related to their experiences regarding the perspectives of prison officials based on a variety of factors including criminal background, social status, and programming needs. Data from semi-structured interviews with 25 participants addressed the process of communication between prison personnel and inmates from the time of incarceration through placement in isolation confinement, and then …
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
Transformation As Desistance Inside: Temporality And Identity Reconstruction Among Men With Life Sentences, Richard Stover
Transformation As Desistance Inside: Temporality And Identity Reconstruction Among Men With Life Sentences, Richard Stover
Honors Theses
This thesis is an investigation of destistance strategies among men sentenced to life in prison in a medium security prison in Pennsylvania. Desistance here is defined as the process leading to the cessation of formally deviant behavior. Drawing from life narrative interviews conducted among 22 men, I argue that desistance is intrinsically tied to how inmates conceptualize themselves within the institutional context of the prison and can be expanded to include people who are still incarcerated. I build off of Peggy Giordano and colleagues symbolic interactionist perspective on desistance and expand it to chart how men with life sentences order …
The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay
The Thirteenth Amendment, Prison Labor Wages, And Interrupting The Intergenerational Cycle Of Subjugation, Josh Halladay
Seattle University Law Review
This Comment argues that meager or no compensation for prisoners, who are disproportionately black and other persons of color, entraps them and their children in a cycle of subjugation that dates back to the days of slavery, and this Comment proposes to interrupt this cycle by setting a minimum wage for prisoners and creating college savings accounts for their children. As part of the cycle, when people enter prisons and the doors behind them close, so do their families’ bank accounts and the doors to their children’s schools. At the same time, the cells next to them open, ready to …
18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel
Notre Dame Journal of International & Comparative Law
The vast majority of federal criminal defendants are sentenced to prison, and non-incarceration sentences have become vanishingly small. During the sentencing process, federal district court judges are required to consider what sentence will provide the defendant with necessary rehabilitation and treatment in the most effective manner pursuant to 18 U.S.C. § 3553(a)(2)(d). Courts regularly undervalue, ignore, or even violate this statutory command. Some courts seem to believe that the Bureau of Prisons can provide adequate rehabilitation and treatment and do not explain how this squares with what the statute requires. Other courts barely engage with the issue. Only a minority …
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.