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Full-Text Articles in Law

Getting The Mentally Ill Misdemeanant Out Of Jail., James R. Walker Mar 2004

Getting The Mentally Ill Misdemeanant Out Of Jail., James R. Walker

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

This Comment advocates for the release of jailed persons arrested for nonviolent crimes due to the symptomology associated with their mental illnesses. Mentally ill misdemeanants suffer from severe and persistent mental disorders, usually either a psychotic or mood disorder, without symptoms or a diagnosis of a personality disorder. Due to the increase in arrests of individuals with mental illnesses, jail and prison populations are drastically increasing. These institutions have turned into modern mental hospitals or asylums. Criminalization of the mentally ill occurs because increasing numbers of mentally ill persons who commit minor crimes are subject to more frequent arrests. The …


A Delicate Task: Balancing The Rights Of Children And Mothers In Parental Termination Proceedings, Catherine J. Ross Jan 2004

A Delicate Task: Balancing The Rights Of Children And Mothers In Parental Termination Proceedings, Catherine J. Ross

GW Law Faculty Publications & Other Works

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Federal reforms enacted in 1997 impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time suffices to establish parental fault and satisfies a parent's due process rights to her child. The policy also fails to protect the minority of children in foster care who assert an interest in preserving a safe relationship with mothers who are unlikely to regain custody within the state's time frame - including many substance abusers, incarcerated …


Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Jan 2004

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …