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Articles 1 - 13 of 13
Full-Text Articles in Law
The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss
Habeas Corpus, Conditions Of Confinement, And Covid-19, Allison Wexler Weiss
Washington and Lee Journal of Civil Rights and Social Justice
Incarcerated individuals, worried about contracting the disease in prison without adequate healthcare and often serious health risks, have filed lawsuits challenging their incarceration in the age of COVID-19. Overall, very few have been successful. This virus has changed our world and the reality for those in prison. The traditional legal avenues available to incarcerated individuals to challenge their continued confinement are often ill-equipped to allow for comprehensive and expedited review. The author argues that during these unprecedented times, courts should recognize that the “duty to defend the Constitution” requires them to grant motions for habeas corpus by the most vulnerable …
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Underlying Racism Within The Opioid Epidemic, Hannah L.A.S. Wilson
Brigham Young University Prelaw Review
Within the past century, the United States attempted different legal
avenues to address drug abuse. Some of these efforts made access
to drugs punishable and illegal. Others encouraged research to look
at underlying issues of drug abuse and implement those findings.
Within the past fifty years, these laws tended to treat drug addicts
as criminals instead of as persons suffering from a health crisis.
According to the FBI and Uniform Crime Reports, from the 1980’s
to the 2000’s, drug arrests rose by 1.5 million per year, while drug
usage rates stayed the same.3 The severe increase in the criminalization
and …
Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson
Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson
Northwestern Journal of Law & Social Policy
This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa
Journal of Race, Gender, and Ethnicity
No abstract provided.
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad
Journal of Race, Gender, and Ethnicity
No abstract provided.
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale
Cultural Encounters, Conflicts, and Resolutions
In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Constitutionally Unaccountable: Privatized Immigration Detention, Danielle C. Jefferis
Indiana Law Journal
For-profit, civil immigration detention is one of this nation’s fastest growing industries. About two-thirds of the more than 50,000 people in the civil custody of federal immigration authorities find themselves at one point or another in a private, corporate-run prison that contracts with the federal government. Conditions of confinement in many of these facilities are dismal. Detainees have suffered from untreated medical conditions and endured months, in some cases years, of detention in environments that are unsafe and, at times, violent. Some have died. Yet, the spaces are largely unregulated. This Article exposes and examines the absence of a constitutional …
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao
Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao
Northwestern Journal of Law & Social Policy
On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser
NYLS Law Review
No abstract provided.
Feeding The Machine: The Commodification Of Black Bodies From Slavery To Mass Incarceration, Cecil J. Hunt Ii
Feeding The Machine: The Commodification Of Black Bodies From Slavery To Mass Incarceration, Cecil J. Hunt Ii
University of Baltimore Law Review
No abstract provided.
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Urge To Reform Life Without Parole So Nonviolent Addict Offenders Never Serve Lifetime Behind Bars, Johanna Poremba
Touro Law Review
No abstract provided.
Traumatized To Death: The Cumulative Effects Of Serial Parole Denials, Richard Rivera
Traumatized To Death: The Cumulative Effects Of Serial Parole Denials, Richard Rivera
City University of New York Law Review
Content warning: discussion of suicide. If you are thinking about suicide, please call the National Suicide Prevention Lifeline at 800-273-TALK (8255).