Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections
University of Michigan Law School
- Keyword
-
- Prisoners (2)
- Punishment (2)
- Brady claims (1)
- Brady v. Maryland (1)
- Constitutional violations (1)
-
- Criminal justice (1)
- Criminal penalties (1)
- Due Process Clause (1)
- Due process (1)
- Eighth Amendment (1)
- Exculpatory evidence (1)
- Habeas corpus (1)
- Habeas review (1)
- History (1)
- Impeachment (1)
- Law reform (1)
- Mandatory sentences (1)
- Maximum sentences (1)
- Mental health (1)
- Michigan (1)
- Minimum sentences (1)
- Police (1)
- Police misconduct (1)
- Postconviction challenges (1)
- Prisons (1)
- Prosecutorial misconduct (1)
- Recidivism (1)
- Sentencing (1)
- Sentencing guidelines (1)
- Solitary confinement (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
University of Michigan Journal of Law Reform
The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it is …
Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy
Futility Of Exhaustion: Why Brady Claims Should Trump Federal Exhaustion Requirements, Tiffany R. Murphy
University of Michigan Journal of Law Reform
A defendant’s Fourteenth Amendment due process rights are violated when a state agency fails to disclose crucial exculpatory or impeachment evidence — so-called Brady violations. When this happens, the defendant should be provided the means not only to locate this evidence, but also to fully develop it in state post-conviction processes. When the state system prohibits both the means and legal mechanism to develop Brady claims, the defendant should be immune to any procedural penalties in either state or federal court. In other words, the defendant should not be required to return to state court to exhaust such a claim. …
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 …