Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Criminal Law

Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow Jan 1982

Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow

University of Richmond Law Review

The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …


Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie Jan 1982

Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie

University of Richmond Law Review

Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …