Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Incarceration (2)
- Sentencing (2)
- Access to justice (1)
- Adverse impact discrimination (1)
- BlaQueer life (1)
-
- BlaQueer people (1)
- Black people (1)
- Bureau of prison (1)
- COVID-19 (1)
- Compassionate release (1)
- Complainants’ legal counsel (1)
- Coronavirus (1)
- Criminal justice system (1)
- Detention center (1)
- Determinate-plus sentencing (1)
- Exhaustion (1)
- Exhaustion requirement (1)
- Federal sentencing (1)
- First step act (1)
- Gender change (1)
- Gender marker (1)
- Gender marker change (1)
- Gender marker correction (1)
- Gender stereotypes (1)
- ICE (1)
- Immigration (1)
- Immigration and Customs Enforcement (1)
- Indeterminate sentence review board (1)
- Isrb (1)
- Judicial discretion (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Legal Remedies
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Electronic Thesis and Dissertation Repository
Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
A Call To Abolish Determinate-Plus Sentencing In Washington, Rachel Stenberg
Washington Law Review
For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual has already served a standard sentence. A review of recent releasability determinations reveals sentences are often extended on arbitrary and inconsistent grounds—especially for individuals who face systemic challenges in prison due to their identity or condition. This Comment shows that the criteria to determine whether individuals are releasable is an incomplete picture of their actual experience in the carceral setting, using the distinct example of incarcerated individuals with mental illness. While …
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang
Expanding Judicial Discretion To Grant Compassionate Release During Covid-19, Deborah Wang
Washington Law Review
In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of Prison’s director, to reduce a prisoner’s sentence if “extraordinary and compelling” circumstances warrant such a reduction. However, because the Bureau of Prisons (BOP) seldom brought these motions, few people were released early via compassionate release. At the same time, public discourse and concerns regarding mass incarceration have continued to grow, causing lawmakers to revisit and revise compassionate release through the First Step Act of 2018 to ensure that this mechanism’s potential …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.
First, this comment traces the history of the recognition of transgender people and transgender rights …
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …