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Full-Text Articles in Law Enforcement and Corrections
Incarceration Incentives In The Decarceration Era, Avlana K. Eisenberg
Incarceration Incentives In The Decarceration Era, Avlana K. Eisenberg
Vanderbilt Law Review
After forty years of skyrocketing incarceration rates, there are signs that a new "decarceration era" may be dawning; the prison population has leveled off and even slightly declined. Yet, while each branch of government has taken steps to reduce the prison population, the preceding decades of mass incarceration have empowered interest groups that contributed to the expansion of the prison industry and are now invested in its continued growth. These groups, which include public correctional officers and private prison management, resist decarceration-era policies, and they remain a substantial obstacle to reform. This Article scrutinizes the incentives of these industry stakeholders …
Life-Without-Parole: An Alternative To Death Or Not Much Of A Life At All?, Julian H. Wright, Jr.
Life-Without-Parole: An Alternative To Death Or Not Much Of A Life At All?, Julian H. Wright, Jr.
Vanderbilt Law Review
This Note will discuss the relatively recent development and current prevalence of one alternative: the life sentence without benefit of parole, commonly called life-without-parole (LWOP). Life-without-parole is the penultimate penalty, meaning in theory the incarceration of convicts for their natural lives without the possibility of release on parole. In practice, LWOP generally means what it says, although various states do retain some release mechanisms for LWOP inmates, like executive commutation or a set term of years. The idea of jailing individuals for the rest of their lives is at least as old in the Western legal tradition as the Tower …
Bail Reform In The State And Federal Systems, Law Review Staff
Bail Reform In The State And Federal Systems, Law Review Staff
Vanderbilt Law Review
The origin of the institution of bail is not entirely known, but it is believed to have originated in medieval England as a device to free untried prisoners. The definitive structure of the process seems to have been first codified in 1275 in the Statute of Westminster. The institution developed gradually and eventually became so well established that the English Bill of Rights of 1688 provided that "excessive bail ought not to be required."' The factors contributing to the development of the institution of bail were primarily matters of practical importance. Disease-ridden jails, delayed trials by traveling justices, and insecure …