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Articles 1 - 13 of 13
Full-Text Articles in Law
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Solitary Troubles, Alexander A. Reinert
Solitary Troubles, Alexander A. Reinert
Articles
Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Life of the Law School (1993- )
No abstract provided.
Stop Warehousing The Mentally Ill In Prisons, Lauren Carasik
Stop Warehousing The Mentally Ill In Prisons, Lauren Carasik
Media Presence
No abstract provided.
Us Should End Solitary Confinement, Lauren Carasik
Us Should End Solitary Confinement, Lauren Carasik
Media Presence
No abstract provided.
Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker
Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker
Articles & Chapters
Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.
Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Scholarly Works
The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …
Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith
Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and inmate management.
Watching You, Watching Me, Brenda V. Smith
Watching You, Watching Me, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'
Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever
Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever
Law Faculty Articles and Essays
O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …