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Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller
The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller
Arkansas Law Review
The opposite of poverty is not wealth. It is justice. Beginning in the 1980s, a "trail of tax cuts" led to budget shortfalls and revenue gaps throughout the United States. These budgetary problems resulted in many cities and towns shifting their burden of funding courts and the justice system at large "to the 'users' of the courts, including those least equipped to pay." Although "jailing an indigent person for a fine-only, low-level offense is unconstitutional," it is still an ongoing practice in many states, including Arkansas. In 1995, Arkansas passed new legislation to govern its circuit courts' collection and enforcement …
Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire
Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire
Graduate Theses and Dissertations
Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …
The Post-Conviction Claim That Unites Death Row, Emily Levy
The Post-Conviction Claim That Unites Death Row, Emily Levy
Arkansas Law Review
“. . . [D]eath-penalty cases are different from other criminal cases, due to the obvious finality of the punishment.” Thirty-one executions have taken place in Arkansas since 1990. In February of 2017, Arkansas, uniquely, sought to execute eight inmates in eleven days—the so-called “Arkansas Eight.” All of those death row inmates shared a common postconviction claim: Strickland. Prior to Strickland v. Washington, no Supreme Court jurisprudence made clear what constituted objectively sufficient defense representation pursuant to the Sixth Amendment. But that changed in 1984 when Strickland made clear that the Sixth Amendment included the right of effective assistance of counsel.