Law Enforcement and Corrections Commons^™

Green V. Commonwealth 580 S.E.2d 834 (Va. 2003)

Capital Defense Journal

No abstract provided.

Sell V. United States 123 S. Ct. 2174 (2003)

Capital Defense Journal

No abstract provided.

In Re Fowlkes 326 F.3d 542 (4th Cir. 2003) In Re Williams 330 F.3d 277 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

State Ex Rel. Simmons V. Roper 112 S.W.3d 397 (Mo. 2003)

Capital Defense Journal

No abstract provided.

Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll

Buffalo Public Interest Law Journal

No abstract provided.

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.

Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones

Washington and Lee Law Review

No abstract provided.

Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay

West Virginia Law Review

No abstract provided.

Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner

BYU Law Review

No abstract provided.

Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen

BYU Law Review

No abstract provided.

Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Inmate Litigation: Results Of A National Survey, Margo Schlanger

Other Publications

Over the summer of 2001, I conducted a survey of jail and prison systems about experiences with civil litigation brought by inmates. Here I report in a preliminary but focused way on those results.

Findings: Since passage of the Prison Litigation Reform Act (PLRA), the federal court civil rights inmate docket has shrunk by 40%. But the results of the survey establish that litigation remains extremely important to correctional administrators and administration. It is clear that agencies continue to respond to the fact and prospect of damage and injunctive actions by seeking to avoid lawsuits, by hiring various kinds of …

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith

Presentations

No abstract provided.

Community Policing In Portland, City Club Of Portland (Portland, Or.)

City Club of Portland

No abstract provided.

Review Of The Hanging Of Ephraim Wheeler : A Story Of Rape, Incest, And Justice In Early America, Michael F. Russo

Faculty Publications

No abstract provided.

Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello

Cardozo Public Law, Policy & Ethics Journal

The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.

Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn

Cardozo Public Law, Policy & Ethics Journal

The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.

The New Privacy, Paul M. Schwartz, William M. Treanor

Michigan Law Review

In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …

Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 U.S. government policies, particularly the monitoring of attorney-client communications and the indictment of Lynne Stewart, significantly erode the attorney-client privilege and the Sixth Amendment right to effective counsel. These actions, justified under national security, undermine constitutional protections and set a dangerous precedent for legal representation, especially for controversial or politically sensitive cases.

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

Addressing Sexual Misconduct In Community Corrections, Brenda V. Smith, Maureen Buell, Elizabeth Layman, Susan W. Mccampbell

Scholarly Articles in Law Reviews & Journals

INAPPROPRIATE RELATIONSHIPS BETWEEN OFFENDERS AND EMPLOYEES of community-based corrections organizations have emerged as a serious issue. Among the most dangerous and destructive of these inappropriate relationships is sexual misconduct. The very nature of community corrections, with semi-autonomous employees, the increasing focus on a rehabilitative rather than the punitive model, the increase of offenders assigned to these programs, and actual allegations of sexual misconduct have raised the awareness of administrators of the need for action.

Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi

University of Michigan Journal of Law Reform

Incarcerating waived juveniles in adult correctional facilities does not reduce crime or result in increased public safety; incarcerating juveniles with adults is deleterious to both the individual offender and society. This Note argues for a renewed focus on rehabilitative rather than retributive justice, and in so doing, proposes the implementation of a comprehensive continuum of graduated sanctions that includes networks of small, secure, highly structured maximum-security juvenile facilities, wilderness camps, residential and non-residential community-based programs, restitution, and fines. This Note further advocates for the incorporation of extensive education, vocational training and placement, counseling, treatment, supervision, mentoring, transitional, aftercare, and support …

Correctional Mental Health Law And Policy: A Primer, Fred Cohen

University of the District of Columbia Law Review

No abstract provided.

Monitoring The Quality And Utilization Of Mental Health Services In Correctional Facilities, Clarence J. Sundram

University of the District of Columbia Law Review

Explosive growth in the population of seriously mentally ill inmates in prisons has created new demands for mental health services. Increased public expenditures for such services require increased accountability. This article identifies essential elements of an adequate system of mental health care in a correctional environment. It describes the common areas of vulnerability when the adequacy of correctional mental health services is challenged in court. It proffers several arguments in favor of a proactive program of monitoring the adequacy of mental health services in correctional facilities. Finally, the paper suggests specific areas and methods for monitoring both by internal quality …

The Louisa Van Wezel Schwartz Symposium On Mental Health Issues In Correctional Institutions. Symposium Introduction, H. Russell Cort, Arlene L. Robinson

University of the District of Columbia Law Review

No abstract provided.

Mental Health And Incarceration: What A Bad Combination, Olinda Moyd

University of the District of Columbia Law Review

The District of Columbia has one of the highest per capita incarceration and criminal justice supervision rates in the United States1 and among the highest in the world. The local prison population has risen dramatically over the past decade for a variety of reasons including increased rates of re-incarceration for parole violations and the imposition of longer sentences for drug offenses. Recent acts of Congress have seriously impacted the sentencing laws in the District including determination of where persons sentenced for violating local D.C. laws will serve such sentences. On August 5, 1997, President Clinton signed into law The National …

Protecting Parolees Under The Ada And Rehab Act, Giovanna Shay

University of the District of Columbia Law Review

No abstract provided.

Suicide In Jails And Prisons: What The Numbers Tell Us, Karen L. Cropsey

University of the District of Columbia Law Review

Suicide is often the most common cause of death in correctional settings across the world. The World Health Organization (WHO) recently published a report stating that suicide "is a public health problem that demands our attention."' Across the world, one suicide attempt is made every three seconds, with one completed suicide every minute. More people die across the world from suicide than by armed conflict. The risk factors for suicide include being a young or elderly male, being indigenous, being an individual with a mental illness or substance abuse history, and being incarcerated or in custody. Further, individuals who have …

Litigation Landmines: Obtaining Attorneys Fees In Conditions Of Confinement. Litigation After Bloomberg V. Christina A, Mark Soler

University of the District of Columbia Law Review

Abuse of children in state institutions is a longstanding and notorious problem.1 Advocates for children have successfully brought federal civil rights litigation over the past thirty years to protect the lives, safety, and rights of children in jails,2 juvenile detention facilities, 3 and state corrections institutions. 4 In recent years, however, such litigation has become more difficult as a result of enactment of the Prison Litigation Reform Act (PLRA) 5 and an array of United States Supreme Court decisions. In a number of decisions over the past two decades, the Supreme Court has significantly restricted the rights of prisoners and …

Denying Special Education In Adult Correctional Facilities: A Brief Critique Of Tunstall V. Bergeson, Thomas A. Mayes

Brigham Young University Education and Law Journal

No abstract provided.