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Articles 1 - 7 of 7
Full-Text Articles in Law
Revocation At The Founding, Jacob Schuman
Revocation At The Founding, Jacob Schuman
Michigan Law Review
The Supreme Court is divided over the constitutional law of community supervision. The justices disagree about the nature of a defendant’s liberty under supervision, the rights that apply when the government punishes violations, and the relationship between parole, probation, and supervised release. These divisions came to a head in 2019’s United States v. Haymond, where the justices split 4–1–4 on whether the right to a jury trial applies to revocation of supervised release. Their opinions focused on the original understanding of the jury right at the time the Constitution was ratified.
This Article aims to settle the debate over …
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0
Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0
Washington Law Review
RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:
EDITOR’S NOTE
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal structures, and reflections …
Drug Supervision, Jacob Schuman
Drug Supervision, Jacob Schuman
Journal Articles
Critics of harsh drug sentencing laws in the United States typically focus on long prison sentences. But the American criminal justice system also inflicts a significant volume of drug-related punishment through community supervision (probation, parole, and supervised release). Over one million people are under supervision due to a drug conviction, and drug activity is among the most common reasons for violations. In an age of “mass supervision,” community supervision is a major form of drug sentencing and drug policy.
In this Article, I analyze the federal system of supervised release as a form of drug policy. Congress created supervised release …
Revocation And Retribution, Jacob Schuman
Revocation And Retribution, Jacob Schuman
Washington Law Review
Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.
This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …
Revocation And Retribution, Jacob Schuman
Revocation And Retribution, Jacob Schuman
Journal Articles
Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.
This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …
Criminal Law As Family Law, Andrea L. Dennis
Criminal Law As Family Law, Andrea L. Dennis
Scholarly Works
The criminal justice system has expanded dramatically over the last several decades, extending its reach into family life. This expansion has disproportionately and negatively impacted Black communities and social networks, including Black families. Despite these pervasive shifts, legal scholars have virtually ignored the intersection of criminal, family, and racial justice. This Article explores the gap in literature in two respects. First, the Article weaves together criminal law, family law, and racial justice by cataloging ways in which the modern criminal justice state regulates family life, particularly for Black families. Second, the Article examines the depth of criminal justice interference in …
Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies
Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies
Articles by Maurer Faculty
No abstract provided.