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Open Access. Powered by Scholars. Published by Universities.®

2021

Criminal Law

Hastings Journal of Crime and Punishment

Articles 1 - 9 of 9

Full-Text Articles in Law

Editor’S Forward, Ava Agree Jul 2021

Editor’S Forward, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.


Masthead Jul 2021

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Unjust Isolation: The Diminishing Returns Of Solitary Confinement Of Pregnant Women And California’S Need To Regulate It., Richard Lee Jul 2021

Unjust Isolation: The Diminishing Returns Of Solitary Confinement Of Pregnant Women And California’S Need To Regulate It., Richard Lee

Hastings Journal of Crime and Punishment

California’s state prison system lacks sufficient regulations to restrict the use of solitary confinement for pregnant women. Under the current system, the California Department of Corrections and Rehabilitations (CDCR) possesses broad discretion regarding the use of solitary confinement, administrative segregated housing, or other forms of isolated placement. According to the CDCR manual, prison officers may place a pregnant woman in solitary confinement as long as her medical condition does not “preclude” that placement. This standard, which vests an inappropriate amount of discretion in prison officers, is deeply insufficient to prevent the negative consequences of subjecting pregnant women to solitary confinement. …


California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez Jul 2021

California’S Sb 1437 And Its Applicability To Attempted Murder Liability, Violeta Alvarez

Hastings Journal of Crime and Punishment

No abstract provided.


Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram Jul 2021

Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram

Hastings Journal of Crime and Punishment

This Article examines a lesser-known site of the COVID-19 pandemic: county jails. Revisiting assumptions that preceded and followed criminal justice reform in California, particularly Brown v. Plata and the Realignment, the Article situates jails within two competing/complementary perspectives: a mechanistic, jurisdictional perspective, which focuses on county administration and budgeting, and a geographic perspective, which views jails in the context of their neighboring communities. The prevalence of the former perspective over the latter among both correctional administrators and criminal justice reformers has generated unique challenges in fighting the spread of COVID-19 in jails: paucity of, and reliability problems with, data; weak …


Masthead Jan 2021

Masthead

Hastings Journal of Crime and Punishment

No abstract provided.


Editor’S Foreword, Ava Agree Jan 2021

Editor’S Foreword, Ava Agree

Hastings Journal of Crime and Punishment

No abstract provided.


Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer Jan 2021

Defunding Prosecutors And Reinvesting In Communities: The Case For Reducing The Power And Budgets Of Prosecutors To Help End Mass Incarceration, Udi Ofer

Hastings Journal of Crime and Punishment

No abstract provided.


Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores Jan 2021

Criminalization Of Homies: Gang Policing Tactics And Community Fragmentation, Juan Flores

Hastings Journal of Crime and Punishment

While growing scholarship has been crucial in understanding gang policing’s nature and impacts, there is currently limited research focusing on how policing relies upon fragmenting communities and perpetuating divisions within them. Gang policing claims to respond to conflict and rivalries between “gangs,” but how does this policing produce and perpetuate these community divisions? This paper seeks to understand how gang policing tactics perpetuate divisions and fragment communities while simultaneously producing criminality. This study used a qualitative approach, interviewing eight participants in Berkeley, San Diego, and Los Angeles who are perceived by law enforcement as “gang members” but who self-identify instead …