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Full-Text Articles in Law

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2010

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number of …


Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham Jan 2010

Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham

All Faculty Scholarship

Correctional accreditation processes can be revamped to bring more transparency and accountability into the operation of correctional facilities and to help ensure that they comport with sound correctional practices, legal requirements, and basic human-rights precepts. Becoming accredited is now largely optional, and correctional accreditation processes are fee-based. Consequently, correctional accrediting entities are vulnerable to pressures to water down accreditation standards and make accreditation procedures more lax. The federal government should therefore adopt two requirements. First, prisons, jails, and other correctional facilities should have to be accredited by a certified accrediting entity in order to be eligible to receive federal funds. …


Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger Jan 2010

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

Articles

Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …


Why Care About Mass Incarceration?, James Forman Jr. Jan 2010

Why Care About Mass Incarceration?, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

The United States incarcerates more of its citizens than any other nation in the world. Paul Butler’s Let’s Get Free: A Hip-Hip Theory of Justice makes an important contribution to the debate about the crime policies that have produced this result. Butler began his career as a federal prosecutor who believed that the best way to serve Washington, D.C’s low-income African-American community was to punish its law-breakers. His experiences—including being prosecuted for a crime himself—eventually led him to conclude that America incarcerates far too many nonviolent offenders, especially drug offenders. Let’s Get Free offers a set of reforms for reducing …