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Full-Text Articles in Law
The Geography Of Unfreedom, Ann M. Eisenberg
The Geography Of Unfreedom, Ann M. Eisenberg
Michigan Law Review
A Review of Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia. By Judah Schept.
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Michigan Law Review
Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Michigan Journal of Environmental & Administrative Law
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …
Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak
Transparency And Comparative Executive Clemency: Global Lessons For Pardon Reform In The United States, Andrew Novak
University of Michigan Journal of Law Reform
This Article argues for transparency in the clemency process and contends that the concept of clemency as a benign sovereign’s “act of grace” is no longer appropriate in the modern world where executive action is subordinate to principles of constitutional due process and administrative equity. Despite calls for federal clemency reform in the United States, little comparative research examines clemency elsewhere in the common law world. This Article compares common law countries’ constitutional clemency mechanisms designed to promote openness, public and victim participation, and rational decision-making. In addition, this Article proposes four reforms to the U.S. pardon system that other …
The Complicated Economics Of Prison Reform, John F. Pfaff
The Complicated Economics Of Prison Reform, John F. Pfaff
Michigan Law Review
Two recent books on prison growth directly address the relationship between penal change and economic conditions: Hadar Aviram’s Cheap on Crime and Marie Gottschalk’s Caught. Aviram’s is the more optimistic of the two accounts, arguing that there is at least some potential in an economic-based reform effort. Gottschalk, on the other hand, fears not only that economic-based efforts could fail to lead to significant reforms, but that they could actually make prison life worse for inmates if states cut funding and support without cutting populations. Both books make many provocative points, but both also suffer from some surprising omissions. …
Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds
Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger, Margaret C. Love, Carl Reynolds
Articles
or more than i O years, corrections professionals and others concerned about the treatment of prisoners have despaired over conditions in California's prisons. Crowding, violence, racial segregation, abysmal medical care, an obstructionist corrections union. and a state budget crisis have combined to bring the system to the point of constitutional meltdov,n. In 2008. a state appellate court found conditions of "'extreme peril to the safety of persons and property,'' and a three-judge federal court confirmed the existence of a "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed …