Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski
Rethinking The Reasonable Response: Safeguarding The Promise Of Kingsley For Conditions Of Confinement, Hanna Rutkowski
Michigan Law Review
Nearly five million individuals are admitted to America’s jails each year, and at any given time, two-thirds of those held in jail have not been convicted of a crime. Under current Supreme Court doctrine, these pretrial detainees are functionally protected by the same standard as convicted prisoners, despite the fact that they are formally protected by different constitutional amendments. A 2015 decision, Kingsley v. Hendrickson, declared that a different standard would apply to pretrial detainees and convicted prisoners in the context of use of force: consistent with the Constitution’s mandate that they not be punished at all, pretrial detainees …
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
Reassessing Prosecutorial Power Through The Lens Of Mass Incarceration, Jeffrey Bellin
Michigan Law Review
A review of John F. Pfaff, Locked In: The True Causes of Mass Incarceration - And How to Achieve Real Reform.
The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt
Michigan Law Review
The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a …
Why Care About Mass Incarceration?, James Forman Jr.
Why Care About Mass Incarceration?, James Forman Jr.
Michigan Law Review
Advocates for less punitive crime policies in the United States face long and dispiriting odds. The difficulty of the challenge becomes clear if we compare our criminal justice outcomes with those of other nations: We lock up more people, and for longer, than anyone else in the world. We continue to use the death penalty long after Europe abandoned it, we are the only country in the world to lock up juveniles for life, and we have prisoners serving fifty-year sentences for stealing videotapes from Kmart. Our courts offer little relief: the German Constitutional Court prohibits a sentence of life …
Secondhand Smoke Signals From Prison, Scott C. Wilcox
Secondhand Smoke Signals From Prison, Scott C. Wilcox
Michigan Law Review
This Note argues that courts should acknowledge current societal and medical perspectives on second hand smoke (SHS) and afford real protection to prisoners against SHS through injunctive relief. Part I examines evidence that conclusively demonstrates the serious risk of harm posed by SHS to the health of inmates. It reports that inmates' long-term exposure to SHS increases their risk of contracting lung cancer, heart disease, and other potentially life threatening conditions. Part II argues that, as required by the Helling standard, contemporary society does not tolerate involuntary, long-term exposure to SHS and that prison officials exhibit deliberate indifference by allowing …
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson
A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson
Michigan Law Review
This Note argues that neither the majority nor the minority approach is realistic. A thorough examination of the parole process and section 1983 litigation will show that a third approach is more appropriate - that parole board members are entitled only to qualified immunity for all actions taken within the scope of their official duties. Part I argues that parole board members should not enjoy absolute, quasi-judicial immunity because the parole board decisionmaking process is not "functionally comparable" to judicial decisionmaking. The differences in procedure, political accountability, training, and background lead to two very different systems. Part II shows that …
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Michigan Law Review
A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs
A Prison And A Prisoner: The Provincial's View, Emily Calhoun
A Prison And A Prisoner: The Provincial's View, Emily Calhoun
Michigan Law Review
A Review of A Prison and a Prisoner by Susan Sheehan