Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin Jun 2014

Not All Women Are Mothers: Addressing The Invisibility Of Women Under The Control Of The Criminal Justice System Who Do Not Have Children, Venezia Michalsen, Jeanne Flavin

Department of Justice Studies Faculty Scholarship and Creative Works

Research has consistently shown that most women under the control of the criminal justice system are mothers. The robustness of this finding has been accompanied by a failure to consider the characteristics and needs of women without children. In this study, we examine data on 1,334 formerly incarcerated women. Findings indicate that while mothers and non-mothers share some characteristics, they differ on several others, most notably demographic profile, mental health, and timing of contacts with the criminal justice system. These results suggest a need to recognize the diversity among women offender groups, particularly when developing policies and programs need.


Legitimacy Of Corrections As A Mental Health Care Provider: Perspectives From U.S. And European Systems, Daniela Peterka-Benton, Brian Paul Masciadrelli Jan 2013

Legitimacy Of Corrections As A Mental Health Care Provider: Perspectives From U.S. And European Systems, Daniela Peterka-Benton, Brian Paul Masciadrelli

Department of Justice Studies Faculty Scholarship and Creative Works

Large numbers of seriously mentally ill persons are being incarcerated because their disturbed behavior is criminalized. The criminal justice system is struggling to manage the needs of these mentally ill persons in correctional settings. This article examines the problem of the incarcerated mentally ill in terms of whether or not the correctional setting is an ethically legitimate place to house and treat these persons. First, it briefly summarizes how we arrived at this problem in the U.S. Then, it examines the problem today in the U.S. and comparatively in European nations. Finally, it closes with recommendations for establishing treatment outside …


Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes Oct 2011

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …


Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry Jun 2009

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …


Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman Mar 2003

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of …