Law Commons^™

Sentence Served And No Place To Go: An Eighth Amendment Analysis Of "Dead Time" Incarceration, Christopher B. Scheren

Northwestern University Law Review

Although the state typically releases incarcerated people to reintegrate into society after completing their terms, indigent people convicted of sex offenses in Illinois and New York have been forced to remain behind bars for months, or even years, past their scheduled release dates. A wide range of residency restrictions limit the ability of people convicted of sex offenses to live near schools and other public areas. Few addresses are available for them, especially in high-density cities such as Chicago or New York City, where schools and other public locations are especially difficult to avoid. At the intersection of sex offenses …

Deliberate Indifference: An Impossible Standard, Caroline Kish

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Education Behind Bars: A History Of Prisoner Education Within The Florida Department Of Corrections And Suggestions For The Future, Peter Felix Armstrong

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

A Felicitous Meme: The Eleventh Circuit Solves The Preiser Puzzle?, Lisa N. Beckmann, Arthur O. Brown

Mercer Law Review

This Article is about a legal phenomenon known as the Preiser Puzzle. More precisely, the article concerns a possible solution to the Preiser Puzzle articulated by the United States Court of Appeals for the Eleventh Circuit. In part, this Article has a descriptive aim: The Authors will explain the Eleventh Circuit’s solution both in the abstract (this section, below), and by giving issue–specific examples in section three that may prove useful to practitioners. Important issues at present include: (a) challenges to parole procedures, (b) method of execution challenges, and (c) requests for release from administrative segregation. Yet this Article also …

Death With Dignity For The Seemingly Undignified: Denial Of Aid In Dying In Prison, Kathleen Messinger

Journal of Criminal Law and Criminology

The medical community has fundamentally changed how we think about life and death. Humans in privileged parts of the world are living longer and have access to life-saving treatment. The focus on quantity of life then has shifted to emphasizing quality of life and questioning whether longevity should at the expense of comfort or satisfaction. The conversation surrounding quality of life, and by extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology, …

Denying Access To Justice During A Carceral Crisis, Brett Dignam

Wilf Impact Center for Public Interest Law

No abstract provided.

Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear

Marquette Law Review

Wisconsin is one of about twenty states not offering good conduct time (GCT) to prisoners. In most states, prisoners are able to earn GCT credits toward accelerated release through good behavior. Wisconsin itself had GCT for more than a century, but eliminated it as part of a set of reforms in the 1980s and 1990s that left the state with what may be the nation’s most inflexible system for the release of prisoners. Although some of these reforms helpfully brought greater certainty to punishment, they went too far in eliminating nearly all meaningful recognition and encouragement of good behavior and …

Prisoner's Rights And The Separation Of Powers: Comparing Approaches In Ireland, Scotland And England And Wales., Mary Rogan

Articles

The decision of Hogan J in Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 (hereinafter Kinsella) is an important development in the protection of prisoners’ constitutional rights in Ireland. The decision, which found that a prisoner’s right to have his person protected had been breached by his detention in a padded cell with a cardboard box for use as a toilet in conditions amounting to a form of sensory deprivation, may represent a new direction for prison law jurisprudence. The judgment is also of significance for its analysis of the circumstances in which conditions of detention can give rise …

Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan

Articles

Two recent decisions, one given by the Supreme Court of the United States of America and one of the Irish High Court, address the consequences of overcrowding in prisons. In Brown, Governor of California et at v. Plata et al1 (hereinafter Plata) the US Supreme Court upheld a decision of a three judge federal court requiring the State of California to reduce its prison population to 137.5% of the prison system’s design capacity, requiring the release of up to 46,000 prisoners. The Court agreed that the overcrowding in the Californian prison system had caused the breach of prisoners’ rights under …

Double-Edged Paring Knives: Human Rights Dilemmas For Special Populations, Giovanna Shay

Faculty Scholarship

The United States makes up only 5 percent of the world's population, but it incarcerates 25 percent of the globe's prisoners. This unprecedented level of incarceration has brought increased attention to the problems of particular subsets of prisoners sometimes called "special populations." These groups include female prisoners; lesbian, gay, bisexual, transgender (LGBT), and questioning inmates; older prisoners; and prisoners with mental illness and physical disabilities. This Article discusses human rights dilemmas in the treatment of special populations in prison.

The Article surveys ABA Standards and Resolutions that bear on special populations. While ABA Standards do not have the force of …

The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie

University of Arkansas at Little Rock Law Review

No abstract provided.

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.

Waiting To Die, Dying To Live, Caycie D. Bradford

Caycie D Bradford

This paper focuses on the effects of the new syndrome occurring in our prison systems known as the death row phenomenon. This paper takes a look at the effects of international policy regarding the death penalty on the United States in the wake of this phenomenon.

2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay

Faculty Scholarship

The Author reviews journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) which presents an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars …

Federal Recent Development

American Indian Law Review

No abstract provided.

Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Law Review Articles

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.