Law Commons^™

(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz

Touro Law Review

No abstract provided.

I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter

Touro Law Review

No abstract provided.

The Revolving Door Of Recidivism, Laura E. Bull

Classical Conversations

With the rise in the use of prisons, recidivism also grew. Recidivism, in the broadest sense, is the act of a past offender coming back into contact with the justice system. Prisons have been used as far back as the fourth century, but over time their purpose has changed. Today in the United States, the main purpose of prisons is rehabilitation. The most recent law, the First Steps Act, reflects the desire to reduce the trend of recidivism. Many programs have been used as a method of reducing recidivism. Recidivism is a cycle of pain, creating jaded prisoners and placing …

The Incentives Of Private Prisons, John F. Pfaff

Faculty Scholarship

No abstract provided.

Statement Of Betsy Ginsberg, Clinical Associate Professor Of Law & Director, Civil Rights Clinic, Benjamin N. Cardozo School Of Law U.S. Commission On Civil Rights Public Briefing: Women In Prison: Seeking Justice Behind Bars, Betsy Ginsberg

Faculty Testimony

Although men make up a significant majority of the country’s prison population, the United States has the highest rate of incarceration of women in the world.1 In recent years, women have been the fastest growing segment of our population in jails and prisons. The significant but insufficient decline we have seen with respect to the overall prison population eclipses or obscures the trend we have seen in the imprisonment of women. While the trends vary from state to state, the overall picture for women has been far worse than for men. In most states the women’s population has either grown, …

Exemplary Legal Writing 2018: Seven Recommendations, G. Edward White, Sarah Seo

Faculty Scholarship

Richard Fallon likely did not plan the publication of this book to coincide with the aftermath of the Kavanaugh hearings or the phrase “Obama judges or Trump judges, Bush judges or Clinton judges.” After all, the author has been writing about legitimacy and the law for over a decade, and this book brings together many of his ideas in previously published law review articles. But the timing could not be better, all the more so for young scholars or those otherwise new to Fallon’s writings who will appreciate an accessible account for why and when Supreme Court decisions merit legitimacy …

Global Comparison Of Incarceration: Punitive Versus Rehabilitative Frameworks, Rachel Digangi, Joshua Baldwin

Community of Scholars Day—Posters

Inspired by an internship at Billerica House of Corrections, I have found interest in conducting research on the different frameworks used for incarceration across the world. I am focusing on comparing the recidivism rates between rehabilitative and punitive prison systems. Especially in countries that have decriminalized drugs, the treatment component has been enhanced tremendously. Their success in rehabilitation forces us to question if our system is truly a broken system; reinforcing our concept of stereotypical “criminal behavior.”

Do Irish Courts And The European Court Of Human Rights Have Achieved The Correct Balance Between Protection Of The Rights Of Individual Prisoners And Pragmatic Concerns Regarding The Proper Functioning Of The Prison System., Adrian Berski

Reports

Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each particular country.

It is worth taking into consideration that decisions made by the European Court of Human …

Brief For Constitutional Law Professors As Amici Curiae Supporting Appellee, Brown Et Al. V. Livingston, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Building A New Identity: Race, Gangs, And Violence In California Prisons, Dale Noll

University of Miami Law Review

No abstract provided.

Illich (Via Cayley) On Prisons, Giovanna Shay

Faculty Scholarship

This Article considers whether, more than a dozen years after publication of Cayley’s book "The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives," Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty

Faculty Scholarship

Almost thirty years ago I was a second-year student in a law school clinic. I was making my first legal visit to a prison. My client, whom I will call "Dina," was meeting me to talk about some visitation issues with her young son. When she came into the visiting room she was poised and professional in demeanor. She began to explain that her son was being cared for by his paternal grandmother. The grandmother was unwilling to bring him to the prison to see her. As a result Dina had not seen her son for several months. Suddenly, and …

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …

Resolving The Remedial Dilemma: Strategies Of Judicial Intervention In Prisons, Susan P. Sturm

Faculty Scholarship

During the last several decades, courts have undertaken to remedy ongoing constitutional and statutory violations in a variety of public and private institutions. Once a court determines that an institutional pattern or practice violates the law, it must face the challenge of structuring a process that will lead to the elimination of the illegal conditions or practices. Whether this judicial activity is called "ordinary" or "extraordinary," the remedial process in institutional reform litigation may lead the trial court to engage in a range of roles beyond those usually required to "resolve a traditional private dispute.

Courts involved in institutional reform …

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of prison …