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Articles 1 - 23 of 23
Full-Text Articles in Law
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
University of the District of Columbia Law Review
In this article, we will focus on employer-based tax incentives for hiring ex-offenders. Central to the discussion will be the Work Opportunity Tax Credit ("WOTC"), which provides a tax credit to employers who hire qualified employees/ex-offenders under the program. Additionally, we will explore various state programs modeled on a tax-based incentive and conduct a comparative assessment of where federal and state programs are effective and where there is potential for reform. Without targeted policy solutions to address employment obstacles, ex-offenders are left facing persistent employment barriers as they attempt to return to their communities and start a new life after …
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
University of the District of Columbia Law Review
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
University of the District of Columbia Law Review
In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
University of the District of Columbia Law Review
The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay. This paper focuses on the lack of application of prisoner …
Remarks Of Denyse Sabagh, Denyse Sabagh
Remarks Of Denyse Sabagh, Denyse Sabagh
University of the District of Columbia Law Review
No abstract provided.
Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky
Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky
University of the District of Columbia Law Review
Ron Williamson, who came within five days of execution, and Dennis Fritz, who served twelve years of a life sentence, were released from prison in 1999. They were innocent men, wrongfully convicted of the rape and murder of Debra Carter. Arrested five years after her murder and tried separately, the cases against them rested on testimony of a jailhouse informant, a jail trainee, and unreliable hair evidence. Fortunately, there was DNA evidence in the case, and scientific testing exonerated Fritz and Williamson. The evidence instead implicated Glen Gore, the person who should have been the prime suspect. Many of these …
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
How Racial Profiling And Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Citizens And Immigrants, Katherine Culliton
University of the District of Columbia Law Review
Latinos are uniting with other immigrant communities and people of color in being extremely concerned about unnecessary post-9/11 actions that have led to civil liberties and civil rights violations.1 Although the Latino voting power has presumably increased, infringements of Latinos' and Latinas' civil rights appear to be on the rise. This is because many of the measures taken in the name of fighting terrorism have not been effective at finding terrorists, but have resulted in civil liberties and civil rights violations. Lessening of civil liberties and due process protections disproportionately affects Latino communities, who are less likely to have access …
Presentation By Councilmember Kathy Patterson, Kathy Patterson
Presentation By Councilmember Kathy Patterson, Kathy Patterson
University of the District of Columbia Law Review
No abstract provided.
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh
University of the District of Columbia Law Review
No abstract provided.
The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple
University of the District of Columbia Law Review
No abstract provided.
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
The Chimera And The Cop: Local Enforcement Of Federal Immigration Law, Michael M. Hethmon
University of the District of Columbia Law Review
The questions of if, when, and how local police can enforce federal immigration laws go to the heart of the legal hunt for the chimera that is contemporary American immigration law.1 In the opening years of this century, the estimated illegal alien population in the United States has reached historic levels. The national response to the attacks of September 11, 2001 transformed what had been largely a municipal conflict between ethnic organizations, the immigration bar, and local governments in high-immigration jurisdictions into a much larger national debate about national security, civil liberties, and federalism.z After the devastating attacks on the …
Correctional Mental Health Law And Policy: A Primer, Fred Cohen
Correctional Mental Health Law And Policy: A Primer, Fred Cohen
University of the District of Columbia Law Review
No abstract provided.
Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay
Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay
University of the District of Columbia Law Review
No abstract provided.
The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions. Symposium Introduction, H. Russell Cort, Arlene L. Robinson
The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions. Symposium Introduction, H. Russell Cort, Arlene L. Robinson
University of the District of Columbia Law Review
No abstract provided.
Suicide In Jails And Prisons: What The Numbers Tell Us, Karen L. Cropsey
Suicide In Jails And Prisons: What The Numbers Tell Us, Karen L. Cropsey
University of the District of Columbia Law Review
Suicide is often the most common cause of death in correctional settings across the world. The World Health Organization (WHO) recently published a report stating that suicide "is a public health problem that demands our attention."' Across the world, one suicide attempt is made every three seconds, with one completed suicide every minute. More people die across the world from suicide than by armed conflict. The risk factors for suicide include being a young or elderly male, being indigenous, being an individual with a mental illness or substance abuse history, and being incarcerated or in custody. Further, individuals who have …
Monitoring The Quality And Utilization Of Mental Health Services In Correctional Facilities, Clarence J. Sundram
Monitoring The Quality And Utilization Of Mental Health Services In Correctional Facilities, Clarence J. Sundram
University of the District of Columbia Law Review
Explosive growth in the population of seriously mentally ill inmates in prisons has created new demands for mental health services. Increased public expenditures for such services require increased accountability. This article identifies essential elements of an adequate system of mental health care in a correctional environment. It describes the common areas of vulnerability when the adequacy of correctional mental health services is challenged in court. It proffers several arguments in favor of a proactive program of monitoring the adequacy of mental health services in correctional facilities. Finally, the paper suggests specific areas and methods for monitoring both by internal quality …
Litigation Landmines: Obtaining Attorneys Fees In Conditions Of Confinement. Litigation After Bloomberg V. Christina A, Mark Soler
University of the District of Columbia Law Review
Abuse of children in state institutions is a longstanding and notorious problem.1 Advocates for children have successfully brought federal civil rights litigation over the past thirty years to protect the lives, safety, and rights of children in jails,2 juvenile detention facilities, 3 and state corrections institutions. 4 In recent years, however, such litigation has become more difficult as a result of enactment of the Prison Litigation Reform Act (PLRA) 5 and an array of United States Supreme Court decisions. In a number of decisions over the past two decades, the Supreme Court has significantly restricted the rights of prisoners and …
Mental Health And Incarceration: What A Bad Combination, Olinda Moyd
Mental Health And Incarceration: What A Bad Combination, Olinda Moyd
University of the District of Columbia Law Review
The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …
Capital Punishment: 21st Century Lynching, Serena L. Hargrove
Capital Punishment: 21st Century Lynching, Serena L. Hargrove
University of the District of Columbia Law Review
No abstract provided.
Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian
Mandatory Minimum Sentences Coupled With Multi-Facet Interventions: An Effective Response To Domestic Violence, Angela M. Killian
University of the District of Columbia Law Review
No abstract provided.
The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos
The Role Of Discrimination And Drug Policy In Excessive Incarceration In The United States, Steven J. Boretos
University of the District of Columbia Law Review
No abstract provided.
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto
University of the District of Columbia Law Review
No abstract provided.
Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith
Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonatham M. Smith
University of the District of Columbia Law Review
In 1909, a presidential commission made the following comment about the conditions that prevailed in the District of Columbia's jail: That men and women should be sent to these narrow and confined cells, the lazy to be fostered in laziness, the industrious to be deprived of every form of employment, in one promiscuous assembly, to corrupt and be corrupted by each other, to be fed like beasts and maintained at the public charge, with no prospect for improvement in condition, with the moral certainty that they will come out far worse than they went in, is a fact that has …