Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 23 of 23
Full-Text Articles in Law
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein
Michigan Law Review
A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Can Prosecutors End Mass Incarceration?, Rachel E. Barkow
Michigan Law Review
A Review of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. by Emily Bazelon.
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 …
The Misplaced Trust In The Doj's Expertise On Criminal Justice Policy, Shon Hopwood
The Misplaced Trust In The Doj's Expertise On Criminal Justice Policy, Shon Hopwood
Michigan Law Review
Review of Rachel Elise Barkow's Prisoners of Politics: Breaking the Cycle of Mass Incarceration.
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 Consensus Myth In Criminal Justice Reform, Benjamin Levin
The Consensus Myth In Criminal Justice Reform, Benjamin Levin
Michigan Law Review
It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Michigan Law Review
Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …
Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff
Waylaid By A Metaphor: A Deeply Problematic Account Of Prison Growth, John F. Pfaff
Michigan Law Review
The incarceration rate in the United States has undergone an unprecedented surge since the 1970s. Between 1925 and 1975, the U.S. incarceration rate hovered around 100 per 100,000. Since then, that rate soared to 504 in 2009, dropping only slightly to 500 in 2010. In absolute numbers, the U.S. prison population grew from 241,000 in 1975 to 1.55 million in 2010. Not just exceptional by historical standards, this boom is unparalleled globally: the United States has the highest incarceration rate in the world. Despite having just 5 percent of the world's population, it houses nearly 25 percent of the world's …
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 …
New Perspectives On Prisons And Imprisonment, Michigan Law Review
New Perspectives On Prisons And Imprisonment, Michigan Law Review
Michigan Law Review
A Review of New Perspectives on Prisons and Imprisonment by James B. Jacobs
Ethics, Public Policy And Criminal Justice, Michigan Law Review
Ethics, Public Policy And Criminal Justice, Michigan Law Review
Michigan Law Review
A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie
In The Belly Of The Beast: Letters From Prison, Michigan Law Review
In The Belly Of The Beast: Letters From Prison, Michigan Law Review
Michigan Law Review
A Review of In the Belly of the Beast: Letters from Prison by Jack Henry Abbott
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Michigan Law Review
A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review
Michigan Law Review
A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman
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
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
The Future Of Imprisonment, Ronald J. Allen
The Future Of Imprisonment, Ronald J. Allen
Michigan Law Review
A Review of The Future of Imprisonment by Normal Morris
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review
Michigan Law Review
Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …
The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris
The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris
Michigan Law Review
Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Michigan Law Review
This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.