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Full-Text Articles in Law

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow Dec 2015

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

This paper argues that there is a new neoliberal penality emerging in the United States that exhibits four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these characteristics, but the characteristics are not limited to the prison-industrial complex.

The paper draws on Foucault's concept of the prison as an institution primarily of individual normalization, but notes that it presupposes rehabilitation as the primary goal of the institution. Using Foucault's work in Discipline and Punish …


Co-Organizer, Innocence Investigation Conference, Sharon Beckman Sep 2015

Co-Organizer, Innocence Investigation Conference, Sharon Beckman

Sharon Beckman

No abstract provided.


The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls Jul 2015

The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls

Kevin F Qualls

Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies for …


Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman Jun 2015

Presenter, The Diversity Of Innocence Educational Programs, Sharon Beckman

Sharon Beckman

No abstract provided.


The Science Of Memory And Eyewitness Identification, Sharon Beckman Jun 2015

The Science Of Memory And Eyewitness Identification, Sharon Beckman

Sharon Beckman

No abstract provided.


Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm Dec 2014

Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm

James W. Diehm

No abstract provided.


Sexual Abuse Of Male Juveniles In Detention Centers By Female Correction Officers And Their Peers – An Empirical Study, Paul Cook Jun 2012

Sexual Abuse Of Male Juveniles In Detention Centers By Female Correction Officers And Their Peers – An Empirical Study, Paul Cook

Paul Cook

This Comment both reveals the nature and dynamic of sexual abuse in the male juvenile detention centers and dispels common misconceptions we had of it. By comparing and contrasting the BJS male and juvenile incarceration data with previously projected statistics, This Comment subjected these sets of data through statistical formulas. From that, it has made several findings.1) Male juveniles appear to be more frequently abused when detained. 2) Staff are the primary perpetrators. 3) There are both overt and non-overt traits that correlate to higher rates of sexual abuse. 4) White male juveniles have a higher correlation to sexual abuse …


Understanding Capital Punishment Law, Third Edition, Scott Howe, Linda Carter, Ellen Kreitzberg Dec 2011

Understanding Capital Punishment Law, Third Edition, Scott Howe, Linda Carter, Ellen Kreitzberg

Scott W. Howe

No abstract provided.


Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, Timothy Macdonnell Dec 2009

Orwellian Ramifications: The Contraband Exception To The Fourth Amendment, Timothy Macdonnell

Timothy C. MacDonnell

No abstract available.


Capital Punishment: Eighth Amendment Limits, Scott Howe Dec 2005

Capital Punishment: Eighth Amendment Limits, Scott Howe

Scott W. Howe

No abstract provided.


Capital Punishment: Due Process Limits, Scott Howe Dec 2005

Capital Punishment: Due Process Limits, Scott Howe

Scott W. Howe

No abstract provided.


Felony-Murder Doctrine Through The Federal Looking Glass, Henry Noyes Dec 1993

Felony-Murder Doctrine Through The Federal Looking Glass, Henry Noyes

Henry S. Noyes

No abstract provided.


Due Process Sacrificed For Speed In Powell Proposal, Scott Howe Dec 1989

Due Process Sacrificed For Speed In Powell Proposal, Scott Howe

Scott W. Howe

No abstract provided.


Court Finds Needle Possession Justified To Limit Spread Of Aids, Sharon Beckman Dec 1989

Court Finds Needle Possession Justified To Limit Spread Of Aids, Sharon Beckman

Sharon Beckman

No abstract provided.