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Full-Text Articles in Law
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch
Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch
Notre Dame Law Review Reflection
In this Essay, we discuss how the COVID-19 pandemic has affected our understanding of constitutionally permissible punishment. We argue, first, that the protracted failure to act by those who have had authority to do so during this public health emergency created a high risk that incarcerated people would suffer severe illness—and even death—in violation of due process protections and the Eighth Amendment prohibition against cruel and unusual punishment. Second, we suggest that a changed understanding of public safety in the context of detention and release during public health emergencies has the potential to shift the framework even after the emergency …
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig
Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig
University of Miami Law Review
In this essay, the author argues that federal, state and local government response to the COVID-19 epidemic in prisons and jails was largely incompetent, inhumane, and contrary to sound public health policy, resulting in preventable death and suffering for both incarcerated people and corrections staff. However, the lessons learned from these failures provide a roadmap for policy priorities and legal reform in our ongoing need to decarcerate and end the era of mass incarceration, including: (1) rolling back extreme sentences, recalibrating sentences generally and providing for “second look” mechanisms to those currently serving sentences beyond 10 years; (2) ensuring that …
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
2022 Symposium
The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson
Psychology Faculty Scholarship
Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …