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Articles 3361 - 3390 of 5038

Full-Text Articles in Law Enforcement and Corrections

The New Privacy, Paul M. Schwartz, William M. Treanor May 2003

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 May 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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 Mar 2003

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.


Allen V. Lee 319 F.3d 645 (4th Cir. 2003) Mar 2003

Allen V. Lee 319 F.3d 645 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.


Woodford V. Visciotti 123 S. Ct. 357 (2002) Mar 2003

Woodford V. Visciotti 123 S. Ct. 357 (2002)

Capital Defense Journal

No abstract provided.


Bates V. Lee 308 F.3d 411 (4th Cir. 2002) Mar 2003

Bates V. Lee 308 F.3d 411 (4th Cir. 2002)

Capital Defense Journal

No abstract provided.


Hedrick V. Warden 570 S.E.2d 840 (Va. 2002) Mar 2003

Hedrick V. Warden 570 S.E.2d 840 (Va. 2002)

Capital Defense Journal

No abstract provided.


Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.) Mar 2003

Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.)

Capital Defense Journal

No abstract provided.


Va. Code Ann. S 19.2-327.01 Mar 2003

Va. Code Ann. S 19.2-327.01

Capital Defense Journal

No abstract provided.


Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 2003) Mar 2003

Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 2003)

Capital Defense Journal

No abstract provided.


Defense-Based Victim Outreach: Restorative Justice In Capital Cases, Kristen F. Grunewald, Priya Nath Mar 2003

Defense-Based Victim Outreach: Restorative Justice In Capital Cases, Kristen F. Grunewald, Priya Nath

Capital Defense Journal

No abstract provided.


Avoiding A Death Sentence In The American Legal System: Get A Woman To Do It, Janice L. Kopec Mar 2003

Avoiding A Death Sentence In The American Legal System: Get A Woman To Do It, Janice L. Kopec

Capital Defense Journal

No abstract provided.


The "Stunning" Truth: Stun Belts Debilitate, They Prejudice, And They May Even Kill, Philip H. Yoon Mar 2003

The "Stunning" Truth: Stun Belts Debilitate, They Prejudice, And They May Even Kill, Philip H. Yoon

Capital Defense Journal

No abstract provided.


Miller-El V. Cockrell 123 S. Ct. 1029 (2003) Mar 2003

Miller-El V. Cockrell 123 S. Ct. 1029 (2003)

Capital Defense Journal

No abstract provided.


Sattazahn V. Pennsylvania 123 S. Ct. 732 (2003) Mar 2003

Sattazahn V. Pennsylvania 123 S. Ct. 732 (2003)

Capital Defense Journal

No abstract provided.


Brown V. Lee 319 F.3d 162 (4th Cir. 2003) Mar 2003

Brown V. Lee 319 F.3d 162 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.


Fields V. Oklahoma 123 S. Ct. 1208 (2003) Mar 2003

Fields V. Oklahoma 123 S. Ct. 1208 (2003)

Capital Defense Journal

No abstract provided.


Foster V. Flor[Ida] 123 S. Ct. 470 (2002) Mar 2003

Foster V. Flor[Ida] 123 S. Ct. 470 (2002)

Capital Defense Journal

No abstract provided.


Va. Code Ann. § 9.1-101 Mar 2003

Va. Code Ann. § 9.1-101

Capital Defense Journal

No abstract provided.


Va. Code Ann. S 8.01-654.2 Va. Code Ann. S 18.2-10 Va. Code Ann. S 19.2-175 Va. Code Ann. S 19.2-264.3:1 Va. Code Ann. § 19.2-264.3:1.1 Va. Code Ann. § 19.2-264.3:1.2 Va. Code Ann. S 19.2-264.3:3 Va. Code Ann. S 19.2-264.4* Mar 2003

Va. Code Ann. S 8.01-654.2 Va. Code Ann. S 18.2-10 Va. Code Ann. S 19.2-175 Va. Code Ann. S 19.2-264.3:1 Va. Code Ann. § 19.2-264.3:1.1 Va. Code Ann. § 19.2-264.3:1.2 Va. Code Ann. S 19.2-264.3:3 Va. Code Ann. S 19.2-264.4*

Capital Defense Journal

No abstract provided.