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The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander 2016 University of Michigan

The Price Of Carceral Citizenship: Punishment, Surveillance, And Social Welfare Policy In An Age Of Carceral Expansion, Reuben Jonathan Miller, Amanda Alexander

Michigan Journal of Race and Law

The unprecedented rise in the number of people held in U.S. jails and prisons has garnered considerable attention from policy makers, activists, and academics alike. Signaled in part by Michelle Alexander’s New York Times bestseller, The New Jim Crow, and the unlikely coalition of activists, policy makers, celebrities, and business leaders on both sides of the political aisle who have pledged to end mass incarceration in our lifetime, the prison system has returned to public policy discourse in a way that was unforeseen less than a decade ago. On any given day in 2014, just over 2.3 ...


Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith 2016 UDC David A. Clarke School of Law

Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions, Jonathan M. Smith

Michigan Journal of Race and Law

On August 9, 2014, Michael Brown was shot to death in Ferguson, Missouri, by police officer Darren Wilson. Members of the Ferguson community rose up in response. Protests demanding that police violence against African Americans cease and that accountability for police misconduct be addressed erupted across the country, and they have not subsided since. Incidents in Baltimore, Maryland; Chicago, Illinois; WallerCounty, Texas; and elsewhere have kept the movement alive. The mass media, the political elite, and the White middle class woke up to a reality that had been long known to communities of color – force is used disproportionately against people ...


Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold 2016 Orleans Public Defenders

Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold

Michigan Journal of Race and Law

At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways ...


The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner 2016 ACLU of Ohio

The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner

Michigan Journal of Race and Law

In 2013, the ACLU of Ohio released a report titled The Outskirts of Hope: How Ohio’s Debtors’ Prisons Are Ruining Lives and Costing Communities. The report exposed the blatantly unconstitutional practice in courts across Ohio of jailing people who were too poor to pay their court fines and fees, and along with our ongoing advocacy efforts, resulted in sweeping change across the state. This Essay looks at the destruction modern debtors’ prisons have on individuals, families, and communities and overviews the research, advocacy, and communications tools the ACLU of Ohio has used to successfully combat debtors’ prisons. The goal ...


The Punishing Father V. The Nurturing Mother: How Societal Views Towards Criminal Punishment Have Impacted Crime In The United States And Finland, A. Michael DeBolt 2016 University of St. Thomas, Minnesota

The Punishing Father V. The Nurturing Mother: How Societal Views Towards Criminal Punishment Have Impacted Crime In The United States And Finland, A. Michael Debolt

University of St. Thomas Law Journal

No abstract provided.


Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson 2016 University of St. Thomas, Minnesota

Clinical Clemency: Scaling Clemency Mountain With Student Guides, Adam Stevenson

University of St. Thomas Law Journal

No abstract provided.


Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr. 2016 University of St. Thomas, Minnesota

Preparing The Pardon Power For The 21st Century, P. S. Ruckman Jr.

University of St. Thomas Law Journal

No abstract provided.


The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch 2016 University of St. Thomas, Minnesota

The President And The Pardon Power: A Bibliographic Essay, 1989-2015, Jeffrey Crouch

University of St. Thomas Law Journal

No abstract provided.


Reviewing Clemency In A Time Of Change, Mark Osler 2016 University of St. Thomas School of Law

Reviewing Clemency In A Time Of Change, Mark Osler

University of St. Thomas Law Journal

No abstract provided.


"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque 2016 Boston College Law School

"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque

Boston College Law Review

In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that under the private search doctrine, police could more thoroughly search digital devices that were previously searched by a private party. The Sixth Circuit created a circuit split by failing to apply the closed container approach to the digital storage devices in Lichtenberger. This Comment ...


Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy 2016 Bond University

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation ...


Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman 2016 Liberty University

Less Lethal Weapons: An Effectiveness Analysis, Timothy R. Kjellman

Senior Honors Theses

Less-lethal weapons have been effective at saving lives by providing police an option for defense or apprehension that does not involve a firearm. However, not all less-lethal weapons are created equal, and careful planning with a solid base of research must be done to insure that officers are prepared for every circumstance. The purpose of this study is to analyze the current information about less-lethal weapons and create a comprehensive breakdown of their strengths and weaknesses. This will include current statistics on the most common less-lethal weapons, as well as insight from scholarly sources. The strengths and weaknesses of a ...


Ocasio V. United States: Why The Hobbs Act Punishes Co-Conspirator Extortion, Joshua T. Carback 2016 University of Maryland Francis King Carey School of Law

Ocasio V. United States: Why The Hobbs Act Punishes Co-Conspirator Extortion, Joshua T. Carback

Endnotes

No abstract provided.


Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann 2016 Human Rights Defense Center

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.


Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins 2016 Fordham University School of Law

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram 2016 UC Hastings College of the Law

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market ...


Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse 2016 Indiana University Maurer School of Law

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.


From Homicidal Youths To Reformed Adults: Parole Hearing Procedures For Juvenile Homicide Offenders In Diatchenko V. District Attorney For The Suffolk District, Paula Trahos 2016 Boston College Law School

From Homicidal Youths To Reformed Adults: Parole Hearing Procedures For Juvenile Homicide Offenders In Diatchenko V. District Attorney For The Suffolk District, Paula Trahos

Boston College Journal of Law & Social Justice

In 2013, the Supreme Judicial Court of Massachusetts, following a United States Supreme Court case, Miller v. Alabama, held that all juvenile homicide offenders would have an opportunity for parole after serving fifteen years in prison. Subsequently, the Supreme Judicial Court of Massachusetts, in Diatchenko v. District Attorney for the Suffolk District, held that juvenile homicide offenders are entitled to representation by counsel at parole hearings, funds for expert witnesses, and can be granted judicial review of parole board decisions. The majority afforded these additional procedures with the intention of providing juvenile homicide offenders with a meaningful opportunity for release ...


Conviction Review Units: A National Perspective, John Hollway 2016 University of Pennsylvania Law School

Conviction Review Units: A National Perspective, John Hollway

Faculty Scholarship

Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months ...


Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard 2016 Boston College Law School

Unpacking The Dirtbox: Confronting Cell Phone Location Tracking With The Fourth Amendment, Jonathan Bard

Boston College Law Review

Surveillance technology has raced ahead of the Fourth Amendment, forcing courts to confront high-tech intrusions with rusty jurisprudence. The Dirtbox, an airborne cell-site simulator, allows the government to sweep entire cities and intercept individuals’ cell phone location information without relying on cooperative intermediaries. This Note argues that the government’s use of the Dirtbox and other cell-site simulators amounts to a Fourth Amendment search because it may pinpoint individuals within a constitutionally protected space. Although the Department of Justice issued policy guidelines requiring its agents to obtain a search warrant before using this device, this narrow and unenforceable protocol fails ...


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