Law Commons^™

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Honoring Innocent Until Proven Guilty: Switching The Default Rule From Pretrial Detention To Pretrial Release In Texas's Bail System, Stephen Rispoli

Texas A&M Law Review

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future …

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.

Newsroom: Horwitz On Legalizing Marijuana 04-10-2016, Andrew Horwitz, Peter Kilmartin

Life of the Law School (1993- )

No abstract provided.

An Inside Job: The Role Correctional Officials Play In The Occurrence Of Sexual Assault In U.S. Detention Centers, Kristine M. Schanbacher

DePaul Journal for Social Justice

No abstract provided.

Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit

Articles

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.

Court Of Appeals Of New York - New York Ex Rel. Harkavy V. Consilvio, Sardar Asadullah

Touro Law Review

No abstract provided.

The Growth Of Incarceration In The United States: Exploring Causes And Consequences, Jeremy Travis, Bruce Western, F. Stevens Redburn

Publications and Research

After decades of stability from the 1920s to the early 1970s, the rate of incarceration in the United States more than quadrupled in the past four decades. The Committee on the Causes and Consequences of High Rates of Incarceration in the United States was established under the auspices of the National Research Council, supported by the National Institute of Justice and the John D. and Catherine T. MacArthur Foundation, to review evidence on the causes and consequences of these high incarceration rates and the implications of this evidence for public policy.

Our work encompassed research on, and analyses of, the …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Mothers In Chains: How National And State Legislation Have Been Enacted To Stop The Practice Of Shackling Incarcerated Pregnant Women, Emily Olson

PPPA Paper Prize

In recent decades, the treatment of pregnant prisoners has generated much public debate, in particular the issue of shackling pregnant inmates during labor, delivery, and postpartum recovery. This paper presents several shackling cases that have resulted in lawsuits and policy changes and discusses the growing effort to ban the use of restraints on pregnant prisoners, a practice many medical and human rights organizations deem unnecessary, degrading, and unsafe. The author also analyzes the Anti-Shackling Bills introduced in the 2010 Washington State Legislative Session, documenting the bills’ amendments and passage into law.