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Full-Text Articles in Law
The U.S. Sentencing Commission’S Recidivism Studies: Myopic, Misleading, And Doubling Down On Imprisonment, Nora V. Demleitner
The U.S. Sentencing Commission’S Recidivism Studies: Myopic, Misleading, And Doubling Down On Imprisonment, Nora V. Demleitner
Scholarly Articles
Recidivism has now replaced rehabilitation as the guiding principle of punishment. It is increasingly used to steer criminal justice policy despite research limitations. It serves as a stand-in for public safety, even though lengthy incarceration may have criminogenic and other negative ramifications for family members and communities. Yet the U.S. Sentencing Commission emphasizes recidivism. It emphasizes what amounts to preemptive imprisonment for those with long criminal records to prevent future offending.
The Commission’s work should come with a warning label. First, its recidivism studies should not be consumed on their own. Instead they must be read in conjunction with U.S. …
Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss
Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss
Washington and Lee Journal of Civil Rights and Social Justice
Incarcerated individuals, worried about contracting the disease in prison without adequate healthcare and often serious health risks, have filed lawsuits challenging their incarceration in the age of COVID-19. Overall, very few have been successful. This virus has changed our world and the reality for those in prison. The traditional legal avenues available to incarcerated individuals to challenge their continued confinement are often ill-equipped to allow for comprehensive and expedited review. The author argues that during these unprecedented times, courts should recognize that the “duty to defend the Constitution” requires them to grant motions for habeas corpus by the most vulnerable …
Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck
Emergency Parole Release For Older Parole-Eligible Doc Inmates, David I. Bruck
Scholarly Articles
Professor Bruck writes to Secretary Moran and Chairwoman Bennett to urge them to protect elderly Virginia prison inmates from the risk of death from COVID-19 by granting immediate parole release to as many over-60 parole-eligible prisoners as possible, upon a showing that they are at low risk to re-offend, and have a supportive home to go to once released.