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Criminal Law

University of Florida Levin College of Law

Incarceration

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Is Solitary Confinement A Punishment?, John F. Stinneford Jan 2020

Is Solitary Confinement A Punishment?, John F. Stinneford

UF Law Faculty Publications

The United States Constitution imposes a variety of constraints on the imposition of punishment, including the requirements that the punishment be authorized by a preexisting penal statute and ordered by a lawful judicial sentence. Today, prison administrators impose solitary confinement on thousands of prisoners despite the fact that neither of these requirements has been met. Is this imposition a “punishment without law,” or is it a mere exercise of administrative discretion? In an 1890 case called In re Medley, the Supreme Court held that solitary confinement is a separate punishment subject to constitutional restraints, but it has ignored this holding …


Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston Jan 2017

Retributive Justifications For Jail Diversion Of Individuals With Mental Disorder, E. Lea Johnston

UF Law Faculty Publications

Jail diversion programs have proliferated across the United States as a means to decrease the incarceration of individuals with mental illnesses. These programs include pre-adjudication initiatives, such as Crisis Intervention Teams, as well as post-adjudication programs, such as mental health courts and specialized probationary services. Post-adjudication programs often operate at the point of sentencing, so their comportment with criminal justice norms is crucial. This article investigates whether and under what circumstances post-adjudication diversion for offenders with serious mental illnesses may cohere with principles of retributive justice. Key tenets of retributive theory are that punishments must not be inhumane and that …


Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Jan 2004

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …