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Full-Text Articles in Criminal Law
Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
University of Michigan Journal of Law Reform
Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …
Remarks, Lisa Foster
Remarks, Lisa Foster
University of Michigan Journal of Law Reform
In both Greek and Roman mythology, a Hydra guards the entrance to the underworld. For those who don’t remember their mythology, a Hydra is a multi-headed serpent who exhales poisonous fumes. If you get close enough to the Hydra and are able to cut off one of its heads, two grow back in its place. Slaying the Hydra was number two on Hercules’ famous list of Labors. He was successful, but not without a fierce struggle.
As you’ve heard over the last four days, fines and fees are Hydralike. Fines are imposed for almost every minor offense — misdemeanors, infractions, …
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
University of Michigan Journal of Law Reform
The majority of U.S. states disenfranchise formerly incarcerated individuals because of their poverty by conditioning re-enfranchisement on the full payment of legal financial obligations. This Note discusses the practice of wealth-based criminal disenfranchisement where the inability to pay legal financial obligations, including fines, fees, restitution, interest payments, court debts, and other economic penalties, prohibits low-income, formerly incarcerated individuals from voting. This Note argues this issue has not been adequately addressed due to unsuccessful legislative reforms and failed legal challenges. An examination of state policies, federal and state legislative reforms, and litigation shows that a more drastic state legislative solution is …
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Tyranny Of Small Things, Yxta Maya Murray
The Tyranny Of Small Things, Yxta Maya Murray
Michigan Journal of Race and Law
In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …
Foreword: Innocent Until Proven Poor, Sara Zampierin
Foreword: Innocent Until Proven Poor, Sara Zampierin
Michigan Journal of Race and Law
One of the core tenets of our criminal justice system is the presumption of innocence until proven guilty. As the title of the Symposium recognizes, we have allowed our justice system to ignore that presumption for people living in poverty in a variety of ways. Instead, it often inflicts additional and harsher punishment on individuals because of their poverty.
Keynote Remarks, Vanita Gupta
Keynote Remarks, Vanita Gupta
Michigan Journal of Race and Law
In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the …
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright
University of Richmond Law Review
No abstract provided.
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
University of the District of Columbia Law Review
No abstract provided.