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Full-Text Articles in Law and Race
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …