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Articles 1 - 26 of 26
Full-Text Articles in Human Rights Law
Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence, Lauren Jaech
Obstacles To Proving 24-Hour Lighting Is Cruel And Unusual Under Eighth Amendment Jurisprudence, Lauren Jaech
Washington Law Review
Twenty-four-hour lighting causes sleep deprivation, depression, and other serious disorders for incarcerated individuals, yet courts often do not consider it to be cruel and unusual. To decide if prison conditions violate the Eighth Amendment’s prohibition against cruel and unusual punishment, courts follow a two-part inquiry that requires examining the intent of prison officials (known as the subjective prong) as well as the degree of seriousness of the alleged cruel or unusual condition (the objective prong). Incarcerated individuals often file complaints challenging 24-hour lighting conditions. Whether they succeed on these claims may depend on the circuit in which they reside. Judges …
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 …
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang
Washington Law Review
In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of Prison’s director, to reduce a prisoner’s sentence if “extraordinary and compelling” circumstances warrant such a reduction. However, because the Bureau of Prisons (BOP) seldom brought these motions, few people were released early via compassionate release. At the same time, public discourse and concerns regarding mass incarceration have continued to grow, causing lawmakers to revisit and revise compassionate release through the First Step Act of 2018 to ensure that this mechanism’s potential …
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan
Washington and Lee Journal of Civil Rights and Social Justice
Virginia’s abolition of the death penalty in 2021 was a historic development. As both a southern state and one of the country’s most active death penalty jurisdictions, Virginia’s transition away from capital punishment represented an important shift in the national landscape. This article considers whether that shift has any constitutional significance, focusing on the effect of Virginia’s abolition on the geographical arbitrariness of the country’s death penalty.
As a starting point, the death penalty in America is primarily regulated by the Eighth Amendment, which bars “cruel and unusual punishments.” The United States Supreme Court has held that the death penalty …
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Washington and Lee Journal of Civil Rights and Social Justice
Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court’s decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state, …
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
Washington and Lee Journal of Civil Rights and Social Justice
In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama’s Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and Fourteenth …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …
Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem
Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem
ProAcademy
It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and …
Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li
Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li
ProAcademy
The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick
D.C. Council Testimony
Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.
International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem
International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem
ProAcademy
The article examines in detail an international treaty as a basis for the recognition and enforcement of foreign interim measures, in addition, the author came to the conclusion that the Economic Procedural Legislation of Uzbekistan in chapter 33 of the EPC RU regulates proceedings in cases of recognition and enforcement of decisions of foreign courts and arbitrations, however, such foreign judicial acts as interim measures in any form are not regulated. In addition, the recently adopted legislation on international commercial arbitration - LRU 674 of February 16, 2021, despite the fact that its norms contain the regulation of interim measures …
Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich
Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich
ProAcademy
This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that …
Social And Legal Need For Using Ict In Combating Corruption, Mavlonov Akmalkhoja Yusupovich
Social And Legal Need For Using Ict In Combating Corruption, Mavlonov Akmalkhoja Yusupovich
ProAcademy
The article examines the social and legal necessity of using information and communication technologies in the fight against corruption, its relevance, current trends, problems in our national legislation and ways to solve them. A review of the theoretical foundations and practice of using information and communication technologies in combating corruption is made. The results of studying the influence of information and communication technologies on the level of corruption in the countries are presented. It is shown that countries with high "anti-corruption" ratings also occupy high places in international ratings for the implementation of information and communication technologies with a level …
Some Aspects Of Prosecutor’ S Activity In Uzbekistan: Scientific Approaches And Functioning Mechanisms, Parikova Gulchekhrabonu
Some Aspects Of Prosecutor’ S Activity In Uzbekistan: Scientific Approaches And Functioning Mechanisms, Parikova Gulchekhrabonu
ProAcademy
Article consists of two parts: first, expression of different concepts of prosecutor’ s supervision with analysis, and functioning of prosecution office in Uzbekistan implementing supervision over execution of laws in the territory of the State as one of the main directions of the prosecution office; second, participation in court proceedings.
In the first part conceptual provisions given by legal scholars and the role of prosecutor’ s supervision, as well as legal features of this function carried out by Prosecution Office of Uzbekistan are considered.
It is known that prosecutor is an official who occupies an important and specific place in …
Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich
Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich
ProAcademy
The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …
Rights And Legitimate Interests Of The Victim From The Perspective Of The Concept Of Criminal Procedure Of The Republic Of Uzbekistan: Problems And Ways To Solve Them, Bazarova Dildora Bakhadirovna
Rights And Legitimate Interests Of The Victim From The Perspective Of The Concept Of Criminal Procedure Of The Republic Of Uzbekistan: Problems And Ways To Solve Them, Bazarova Dildora Bakhadirovna
ProAcademy
The article deals with the issues of ensuring the rights and legitimate interests of victims in the law of criminal procedure of the Republic of Uzbekistan. The author notes that the rights and legitimate interests of victims in comparison with suspects and accused persons are largely limited and not provided for by law, the very concept of the Code of Criminal Procedure of the Republic of Uzbekistan is aimed at ensuring the speedy disclosure of the criminal case, a fair consideration of the case and ensuring that the innocent person is not brought to justice, as well as the rights …
The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich
The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich
ProAcademy
The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …
Improvement Of Departmental Control Of Competent Authorities In The Field Of Juveniles, As An Important Factor In Increasing The Efficiency Of Prosecutorial Supervision Of Execution Of The Laws In This Area, Ibragimov Diyorbek Shuxrat O’G’Li
Improvement Of Departmental Control Of Competent Authorities In The Field Of Juveniles, As An Important Factor In Increasing The Efficiency Of Prosecutorial Supervision Of Execution Of The Laws In This Area, Ibragimov Diyorbek Shuxrat O’G’Li
ProAcademy
The article provides a comprehensive critical analysis of the activities of the competent authorities to ensure the rights and legitimate interests of juveniles in our country. Also, by using practical examples, it was identified problems and shortcomings of departmental control activities of these responsible bodies. In addition, it theoretically analyzes the similarities and differences between “departmental supervision” and “prosecutorial supervision” in the field of juveniles. At the same time, cases of violations of the law, which are allowed by the competent authorities in this area, revealed in the course of inspections carried out by the prosecutor's offices, are described on …
Senseless Sentencing: The Uneven Application Of The Career Offender Guidelines, Christopher Ethan Watts
Senseless Sentencing: The Uneven Application Of The Career Offender Guidelines, Christopher Ethan Watts
Washington and Lee Journal of Civil Rights and Social Justice
Federal appellate courts are currently split on the definition of “controlled substance” in the career offender guideline, with one side using federal law to define the phrase, and the other side allowing standalone state law offenses to trigger the guideline. Allowing state law to define the phrase allows countless substances Congress never intended to penalize to be able to trigger one of the most severe penalties in the Sentencing Guidelines. This Note assesses the landscape of the circuit split and analyzes the arguments for and against federally defining “controlled substance offense.” This Note then proposes a novel way to resolve …
As Fires Blaze Through California, Could They Blaze A New Path For Incarcerated Individuals: A Model For Back-End Abolition, Jacquelyn Kelsey Arnold
As Fires Blaze Through California, Could They Blaze A New Path For Incarcerated Individuals: A Model For Back-End Abolition, Jacquelyn Kelsey Arnold
Washington and Lee Journal of Civil Rights and Social Justice
This Note provides a critique on the current system of prison labor through the lens of the California wildfires and the lack of inmate labor due to early release in the wake of COVID-19. This Note provides an overview of the relevant history of the Thirteenth Amendment, contextualizes mass incarceration as a product of the “War on Drugs” in the United States, and consequently, discusses the significant and dramatic expansion of the prison industrial complex and the use of prison labor as a growing source of production labor. It concludes with a recommendation for a provisional back-end abolition model that …
Small Towns Must Struggle: The Impact Of President Lyndon B. Johnson’S “War On Poverty” In Ellenville, New York, 1960-Present, Kaleigh Lagville-Graham
Small Towns Must Struggle: The Impact Of President Lyndon B. Johnson’S “War On Poverty” In Ellenville, New York, 1960-Present, Kaleigh Lagville-Graham
Senior Projects Spring 2022
Senior Project submitted to The Division of Social Studies of Bard College.
Race And Washington’S Criminal Justice System 2021: Report To The Washington Supreme Court, Task Force 2.0 Research Working Group
Race And Washington’S Criminal Justice System 2021: Report To The Washington Supreme Court, Task Force 2.0 Research Working Group
Seattle University Law Review
This report is an update on the 2011 Preliminary Report on Race and Washington’s Criminal Justice System. This update does not include as context the history of race discrimination in Washington, and readers are encouraged to view the 2011 report for its brief historical overview.14 The 2011 report began with that historical overview because the criminal justice system does not exist in a vacuum. Instead, it exists as part of a legal system that for decades actively managed and controlled where people could live, work, recreate, and even be buried.
Members of communities impacted by race disproportionality in Washington’s criminal …
"Only To Have A Say In The Way He Dies": Bodily Autonomy And Methods Of Execution, Alexandra L. Klein
"Only To Have A Say In The Way He Dies": Bodily Autonomy And Methods Of Execution, Alexandra L. Klein
Scholarly Articles
Capital punishment is one of the most significant intrusions into a person's bodily autonomy; the state takes a person's life. Even though the state has stripped a person on death row of much of their autonomy and intends to kill them, removing all autonomy, a person sentenced to death may, in some circumstances, choose how they will die. While most states rely on a single method of execution, some states permit a condemned person to choose among two or more methods of execution. Constitutional challenges to methods of execution requires the challenger to demonstrate a substantial risk of severe pain …
Introduction To Julie Bilotta’S Story, Sheila Wildeman
Introduction To Julie Bilotta’S Story, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Julie Bilotta’s contribution to this special volume is a straightforward denunciation of prison-based inhumanity and institutionalized misogyny. I write to show solidarity with her and to alert the reader to some of the ways her story exposes intersectional injustice while enlivening feminist abolitionist prison resistance. I write, too, to challenge my own and others’ thinking about whether or how law (litigation, law reform) might contribute to that resistance.
In her essay, Julie offers an intimate glimpse of prisons as sites of reproductive injustice. As this special volume attests, incarceration in Canada and elsewhere produces systematic gendered harms, including lack of …
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …