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Criminal Law Commons

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Full-Text Articles in Criminal Law

Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss Oct 2020

Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss

Washington and Lee Journal of Civil Rights and Social Justice

Incarcerated individuals, worried about contracting the disease in prison without adequate healthcare and often serious health risks, have filed lawsuits challenging their incarceration in the age of COVID-19. Overall, very few have been successful. This virus has changed our world and the reality for those in prison. The traditional legal avenues available to incarcerated individuals to challenge their continued confinement are often ill-equipped to allow for comprehensive and expedited review. The author argues that during these unprecedented times, courts should recognize that the “duty to defend the Constitution” requires them to grant motions for habeas corpus by the most vulnerable …


Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair Jun 2020

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because the …


Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer Apr 2020

Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer

Undergraduate Theses

In 2017 the Kentucky DOC reported that Kentucky prisons housed 2,521 persons categorized as “elderly”. Even though individuals in this population are more susceptible to violence and risk developing age-related illnesses the care of these individuals is not a financial priority for those in power. These individuals occupy a unique position as a marginalized group within a marginalized group, and one which is growing rapidly. As a result, it is necessary to develop a response drawing from Catholic social teaching and criminal justice ethics which addresses the unique problems faced by this population. At the core of this response is …


The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen Jan 2020

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.