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Articles 2911 - 2912 of 2912
Full-Text Articles in Entire DC Network
The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez
The State Of Restorative Justice In American Criminal Law, Thalia Gonzalez
Faculty Scholarship
Restorative justice has been part of the American criminal justice system for more than three decades. Yet, it has only recently expanded into mainstream reform conversations—particularly those addressing mass incarceration and securing justice—and has gained a new urgency following nationwide protests in response to racial violence and anti-Blackness. Such increased attention necessitates that reformists think carefully about the existing legal landscape of restorative justice to ensure that the construction and refinement of restorative justice laws do not yield undesirable state and local practices. Drawing on a dataset of 264 laws, including statutes, court rules, and regulations in 46 jurisdictions, this …
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd
Faculty Scholarship
As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …