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Criminal Law

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Prisons

Saint Louis University School of Law

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Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham Jan 2012

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

All Faculty Scholarship

This essay proposes the adoption of a three-part framework to effectuate fundamental changes in conventional sentencing and correctional constructs, making restorative justice a mainstay of sentencing and correctional systems. First, federal, state, and local governments would authorize the imposition of what would be – in name, purpose, and content – “restorative sentences.” The growing, processing, and distribution of locally grown foods in low-income neighborhoods particularly afflicted by crime is an example of what could become a prevalent restorative sentence. The essay outlines a number of steps to be undertaken by jurisdictions in order to realize the goals of restorative sentencing. …


'The Mess We’Re In': Five Steps Towards The Transformation Of Prison Cultures, Lynn S. Branham Jan 2011

'The Mess We’Re In': Five Steps Towards The Transformation Of Prison Cultures, Lynn S. Branham

All Faculty Scholarship

Few dispute that conditions in prisons need to be improved – that, for example, prisoners with mental-health problems need to have those problems addressed, and addressed effectively, while they are confined. But the more fundamental question is whether prisons can be, not just improved, but transformed. Transformation in this context means deep and sustained changes in the ethos of those who work and live in prisons. That ethos would reflect at least four precepts: (1) hope as an imperative; (2) the viability of renewal; (3) the catharsis that attends personal responsibility and accountability; and (4) the duty and call, extending …


Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham Jan 2010

Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham

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Correctional accreditation processes can be revamped to bring more transparency and accountability into the operation of correctional facilities and to help ensure that they comport with sound correctional practices, legal requirements, and basic human-rights precepts. Becoming accredited is now largely optional, and correctional accreditation processes are fee-based. Consequently, correctional accrediting entities are vulnerable to pressures to water down accreditation standards and make accreditation procedures more lax. The federal government should therefore adopt two requirements. First, prisons, jails, and other correctional facilities should have to be accredited by a certified accrediting entity in order to be eligible to receive federal funds. …