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Full-Text Articles in Law
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and inmate management.
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.