Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 3 of 3
Full-Text Articles in Legal Remedies
Victims’ Rights In The Diversion Landscape, Kay L. Levine
Victims’ Rights In The Diversion Landscape, Kay L. Levine
Faculty Articles
In this Article, I explore the practical and theoretical conflicts that might surface when the diversion movement and the Victims’ Rights Movement intersect. I focus on two possible sites of tension: victim input into the diversion offer and the victim’s right to receive restitution as a term of diversion. Protocols to give victims greater voice in the justice process have been a mainstay of the burgeoning Victims’ Rights Movement for the past several decades, but I argue that those protocols must be understood within (and thus limited by) the contexts of fiscal responsibility, compassion for the offender, and proportionality in …
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles
Faculty Articles
No abstract provided.
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
Faculty Articles
This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociology to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the positive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.