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Damage To Family Relationships As A Collateral Consequence Of Parental Incarceration, Philip M. Genty

Fordham Urban Law Journal

A review of available statistical information shows the irreversible and detrimental impact on parents and children of family separation due to imprisonment. Specifically, it looks to data on parental incarceration, the impact of incarceration upon families, and the difficulties of remedying the consequences to families of parental incarceration. Finally, the Article argues that alternatives to imprisonment should be used where the parent is not subject to high security confinement and that the parental role should be a relevant factor in sentencing.

Rethinking The Prohibition Of Death Row Prisoners As Organ Donors: A Possible Lifeline To Those On Organ Donor Waiting Lists., Donny J. Perales

St. Mary's Law Journal

Organ transplantation continually brings hope and new life to thousands of patients suffering from a myriad of diseases. Despite the advances in medical science and the increased survival rates of organ recipients, many are unable to receive an organ transplant because the demand for organs drastically exceeds the available supply. Much of the organ deficit lies in the current system of organ procurement. The altruism-based organ system leaves the donative decision to the individual; however, it is this system which hinders effective organ procurement. Under this system, the donor must give prior consent before a doctor can remove any organ. …

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffrey Fagan, Valerie West, Jan Holland

Fordham Urban Law Journal

This Article identifies and estimates the ecological dynamics of increasing spatial and social concentration of incarcerated individuals in urban neighborhoods using data from New York City between 1985 and 1997. It argues that this dynamic becomes self-sustaining and reinforcing over time. In conclusion, the Article discusses how high incarceration rates impact the relationships between citizens and the law, directly affecting residents and influencing policy preferences of non-residents.

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

Women In The American World Of Jails: Inmates And Staff, Kenneth Kerle

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Foreword, H. L.A. Holeman, Eric Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Female Offender: A Victim Of Neglect, Lamont Flanagan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Introduction To The Symposium On Wrongful Convictions: Issues Of Science, Evidence, And Innocence, Ellen Y. Suni

Faculty Works

t is hard to imagine an injustice greater than the incarceration or, worse yet, execution of an innocent. Especially in our system of justice, which purports to accept as a basic premise that it is better that ten guilty go free than that one innocent person be imprisoned, the incarceration of an innocent is simply intolerable. Yet it happens--and much more often than we would like to believe. Questions abound as to why and what can be done about it. The problem of wrongful convictions has been discussed for some time, but it has often been rejected or downplayed. It …

Unlocking Options For Women: A Survey Of Women At Cook County Jail, Samir Goswami

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos

University of the District of Columbia Law Review

No abstract provided.

Restorative Visions In Aboriginal Australia, Harry Blagg

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Keeping The Government's Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In Cross-Gender Prison Searches, Teresa A. Miller

Journal Articles

The power of privacy is diminishing in the prison setting, and yet privacy is the legal theory prisoners rely upon most to resist searches by correctional officers. Incarcerated women in particular rely upon privacy to shield them from the kind of physical contact that male guards have been known to abuse. The kind of privacy that protects prisoners from searches by guards of the opposite sex derives from several sources, depending on the factual circumstances. Although some form of bodily privacy is embodied in the First, Fourth, Eighth, and Fourteenth Amendments, prisoners challenging the constitutionality of cross-gender searches most commonly …

Texas, Step Up To The Plate And Compensate: Face To Face With Joyce Ann Brown, Wrongfully Convicted Never To Receive Compensation, Natasha L. Brooks

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Seeking Transformative Justice For Women: Views From Canada, Karlene Faith

Journal of International Women's Studies

From the article:

My purpose here is to situate gender as a key factor in a historical movement toward prison abolition. A shift toward restorative or transformative justice, theoretically, is reintegrative in that it benefits the offender, the victim and the community. The first offenders to be diverted from prison to any new program are generally those with the least serious offences and/or those who pose no risk of committing violence; women commonly fall into this category, but, as discussed, very few community alternatives exist for them. The last section addresses some of the key issues facing women in prison, …

Alternatives To Incarceration For Substance Abusing Female Defendants/Offenders In Massachusetts, 1996-1998, Carol Hardy-Fanta, Sylvia Mignon

Publications from the Center for Women in Politics and Public Policy

In July 1997, the Massachusetts State Legislature, recognizing the challenge presented by the problem of substance abuse for women in the criminal justice system, authorized funds to the Department of Public Health’s Bureau of Substance Abuse Services for a study of substance using female offenders to be conducted by the John W. McCormack Institute at the University of Massachusetts Boston. Since March 1998, a group of researchers at the McCormack Institute and the Criminal Justice Center at UMass Boston has gathered and analyzed a wealth of quantitative and qualitative information on women offenders in Massachusetts.

This information includes data from …

Essays On The Economics Of Crime And Econometric Methodology: Dissertation Summary, Sean M. May

Dissertation Awards

The research presented in this thesis covers two topics: the economics of crime and econometric methodology. The first chapter addresses the question of whether higher wages reduce teenage crime rates. I exploit exogenous variation in the wages of teenagers resulting from federal minimum wage legislation. The second chapter examines the effect of crime on the labor market outcomes of victims. I use longitudinal data from the National Crime Victimization Survey to estimate the employment-related costs of crime. Estimates suggest that being the victim of a violent crime causes a transitory decline in the employment rates and household income of victims …

Families, Crime And Criminal Justice: Charting The Linkages, Greer Litton Fox, Michael L. Benson, Ryan E. Spohn

Academic Publications

"Contemporary Perspectives in Family Research" is a series of volumes that features scholarly work on the frontiers of interdisciplinary research on families and family life. Volume 2, Families, Crime and Criminal Justice reflects this pioneering orientation by bringing together new empirical research that examines the various ways that families intersect with and are affected by crime and the criminal justice system. The interdisciplinary nature of the volume is reflected in the diversity of disciplines represented, including developmental psychopathology, criminology, sociology, family studies, psychology, social work and demography. The inclusion of qualitative studies based upon observational techniques and in-depth, long interviews …

Families, Crime And Criminal Justice: Charting The Linkages, Greer Litton Fox, Michael L. Benson, Ryan E. Spohn

Faculty Books and Monographs

Chapter: Gender Differences in the Effect of Child Maltreatment on Criminal Activity over the Life Course, written by Ryan Spohn, UNO faculty member.

"Contemporary Perspectives in Family Research" is a series of volumes that features scholarly work on the frontiers of interdisciplinary research on families and family life. Volume 2, Families, Crime and Criminal Justice reflects this pioneering orientation by bringing together new empirical research that examines the various ways that families intersect with and are affected by crime and the criminal justice system. The interdisciplinary nature of the volume is reflected in the diversity of disciplines represented, including developmental …

The Majority Opinion As The Social Constuction Of Reality: The Supreme Court And Prison Rules, James E. Robertson

Oklahoma Law Review

No abstract provided.

International Perspective, Douglass Cassel

Journal Articles

I don't think it's accurate to say this panel has six experts on incarceration. I think we really have five experts and one dilettante. I know a bit about international human rights law. I am not an expert on prisons and I am overwhelmed by the expertise and the statistics that we've just received and about which I hope to learn a great deal more. So I apologize to you in advance for supplying nothing more than impressions of the international realities of incarceration. I will then skip quickly ahead to the law.

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Law Faculty Scholarly Articles

Another epidemic has hit the international community. This one, however, is not derived from an unknown bacterial agent. Instead, it originates from a variety of social agents. The epidemic? The explosion in the number of people incarcerated in the global community. As of June 1997, the United States' prison population exceeded 1,700,000. This figure is consistent with the United States' status as one of the world's largest jailers. Like the United States, Europe's prison population has escalated. The growth in France's prison population is representative of the epidemic's trans-Atlantic scope.

The Article is divided into several sections. The first section …

The High Cost Of Juvenile Justice, Diane Ridley Gatewood

Fordham Urban Law Journal

This Essay will discuss the high cost of incarcerating substantial numbers of minority juveniles and will advocate alternatives to detention. The author discusses how minority youth are disproportionately affected at multiple stages of the criminal justice process: arrests, detentions, adjudication, and disposition. The Essay further discusses the increased use of the prison system for juveniles. The Essay concludes with several recommendations for how minority youth can be treated more fairly within the system and recommends alternatives to incarceration.

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

". . . We Are The Living Proof . . . ", Ray Wilson

Florida State University Law Review

Second Edition. By David Fogel. Chicago: Anderson Publishing Co. 1979. Pp. xxi, 338. $10.95.

The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam

Articles by Maurer Faculty

No abstract provided.

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 …

Probation And The Law, Angelo J. Gagliardo

Cleveland State Law Review

Probation, the most modern concept in the administration of criminal justice, has been characterized as the correctional procedure and most worthy of a democracy because it recognizes basic human values. As such, it constitutes a democratic faith in the ability to the average offender to solve his difficulties within the framework of our democracy. While the aim of any probation system is to protect society, it has become apparent that society can best be protected by efforts which are aimed at conserving its human resources. Advances in the understanding of human behaviour and motivation have provided new and challenging principles …