Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Mental illness (2)
- Sentencing (2)
- Betty Vinson (1)
- Equal impact (1)
- Famous female inmates (1)
-
- Felony conviction (1)
- Female inmates (1)
- Female offenders (1)
- Humane punishment (1)
- Incarcerations (1)
- Judicial discretion (1)
- Just desert (1)
- Lea Fastow (1)
- Lil' Kim (1)
- Martha Stewart (1)
- Mental disorder (1)
- Mental health (1)
- Prison violence (1)
- Prisons (1)
- Proportionality (1)
- Punishment (1)
- Retribution (1)
- Retributivism (1)
- Sentencing departures (1)
- Social status (1)
- Solitary confinement (1)
- Vulnerability (1)
- Vulnerable offenders (1)
- White-collar crimes (1)
- Women (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Criminology
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
UF Law Faculty Publications
At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
UF Law Faculty Publications
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …
License To Kill: Theoretical Critique Of “Stand Your Ground” Policies, Lonn Lanza-Kaduce, Andrea Davis
License To Kill: Theoretical Critique Of “Stand Your Ground” Policies, Lonn Lanza-Kaduce, Andrea Davis
Center for the Study of Race & Race Relations: Lectures and Events
This paper extends themes from sociologist Austin Turk’s theory of normative-legal conflict to the Martin tragedy and Florida’s “Stand Your Ground Law” as a point of entry for examining more general theoretical notions about how legal and social statuses can combine in counterintuitive ways. His theory is premised on deference and the impact that different ways of structuring social interaction will have on the probabilities that conflict will become overt. In some contexts, the relationship between legal status and social status allow the potential for conflict to de-escalate. In others, the relationship aggravates the prospect for overt conflict. Because laws …
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
UF Law Faculty Publications
Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …