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Articles 1 - 11 of 11
Full-Text Articles in Law
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
William & Mary Law Review
No abstract provided.
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez
What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez
Honors Undergraduate Theses
This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
University of Michigan Journal of Law Reform
As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …
An Anachronism Too Discordant To Be Suffered: A Comparative Study Of Parliamentary And Presidential Approaches To Regulation Of The Death Penalty, Derek R. Verhagen
An Anachronism Too Discordant To Be Suffered: A Comparative Study Of Parliamentary And Presidential Approaches To Regulation Of The Death Penalty, Derek R. Verhagen
Derek R VerHagen
It is well-documented that the United States remains the only western democracy to retain the death penalty and finds itself ranked among the world's leading human rights violators in executions per year. However, prior to the Gregg v. Georgia decision in 1976, ending America's first and only moratorium on capital punishment, the U.S. was well in line with the rest of the civilized world in its approach to the death penalty. This Note argues that America's return to the death penalty is based primarily on the differences between classic parliamentary approaches to regulation and that of the American presidential system. …
"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald
"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald
Michigan Journal of Gender & Law
Societies around the world have performed castration, in its various forms, on their male and female members for thousands of years, for numerous reasons. Even within the United States, prisoners have been sentenced to castration (as a form of punishment or crime prevention) since the early twentieth century. In recent years, legislatures have perpetuated this practice but with a modern twist. Now, states use chemical injections to castrate their inmates. It turns out, however, that systemic problems plague the chemical castration sentencing regime. These problems arise from the nature of the crimes eligible for chemical castration sentences, the manner of …
Recent Constitutional Developments On Eminent Domain, John L. Bowers Jr., J. L. Boren Jr.
Recent Constitutional Developments On Eminent Domain, John L. Bowers Jr., J. L. Boren Jr.
Vanderbilt Law Review
Although the provisions of both state and federal law that cruel and unusual punishments shill not be imposed are considered popularly to relate only to those punishments which exist solely in the books, the provisions are not useless today. Recent cases have shown a tendency to expand the scope of the prohibition, especially with regard to excessive punishment, and to incorporate the proscription within the Fourteenth Amendment to the Federal Constitution. As respect, that which likely will be deemed cruel and unusual, little can be done beyond noting those situations in which the limitation has been applied. If a generalization …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."